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 December 08, 2015US PATENT AND TRADEMARK OFFICEPrint Table of Contents 1421 OG 60 

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

December 08, 2015Volume 1421Number 2

CONTENTS

 Patent and Trademark Office NoticesPage 
Patent Cooperation Treaty (PCT) Information1421 OG 61
Notice of Maintenance Fees Payable1421 OG 65
Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee1421 OG 66
Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/09/20151421 OG 96
Reissue Applications Filed1421 OG 97
Requests for Ex Parte Reexamination Filed1421 OG 98
Notice of Expiration of Trademark Registrations Due to Failure to Renew1421 OG 99
Registration to Practice1421 OG 104
Patents and Serial Numbers Available for License or Sale1421 OG 105
Trademark Public Advisory Committee Annual Report 20151421 OG 108
Disclaimer1421 OG 109
Errata1421 OG 110
Erratum1421 OG 116
Certificates of Correction1421 OG 117
AIA Trial Proceedings Filed before the Patent Trial and Appeal Board1421 OG 119
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board1421 OG 120

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers
Patent Technology Centers



COPIES OF PATENTS are furnished by the Patent and Trademark Office at $3.00 each; PLANT PATENTS in color, $15.00 each; copies of TRADEMARKS at $3.00 each. Address orders to the Commissioner of Patents and Trademarks, P.O. Box 1450, Alexandria, VA., 22313-1450, or click here for online ordering.


Printing by U.S.P.T.O. in electronic form is authorized by 35 U.S.C. § 10(a)3


Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 61 

Patent Cooperation Treaty (PCT) Information
 Patent Cooperation Treaty (PCT) Information For information concerning PCT member countries, see the notice appearing in the Official Gazette at 1393 O.G. 61, on August 13, 2013. For information on subject matter under Rule 39 that a particular International Searching Authority will not search, see Annex D of the PCT Applicants' Guide. European Patent Office as Searching and Examining Authority The European Patent Office (EPO) may act as the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA) for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The EPO, effective January 1, 2015, no longer has any limitations concerning its competency to act as an ISA. The announcement appears in the Official Gazette at 1412 O.G. 61 on March 10, 2015. Previously, the EPO would not act as an ISA and would not carry out an international search for any application which contained one or more claims relating to the field of business methods. As of January 1, 2015, U.S. applicants filing their international applications with the USPTO or the IB as receiving Office may select the EPO to act as the ISA without restrictions. In applications containing claims relating to business methods where the subject matter of the application also contains technical features, the EPO will perform a search for those parts of the application which are more than mere business methods. However, the EPO will issue a declaration under PCT Rule 17(2)(a) that no ISR will be established whenever an application relates only to a business method as such. The EPO will act as an IPEA only if it also acted as the ISA. The search fee of the European Patent Office was changed, effective April 1, 2015, and was announced in the Official Gazette at 1412 O.G. 229, on March 31, 2015. Korean Intellectual Property Office as Searching and Examining Authority The Korean Intellectual Property Office may act as the ISA or the IPEA for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The announcement appears in the Official Gazette at 1302 O.G. 1261 on January 17, 2006. The search fee of the Korean Intellectual Property Office was changed, effective October 1, 2015, and was announced in the Official Gazette at 1419 O.G. 6, on October 6, 2015. Australian Patent Office as Searching and Examining Authority The Australian Patent Office (IP Australia) may act as the ISA or the IPEA for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The announcement appears in the Official Gazette at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is restricted. IP Australia will not act as an ISA if it has received more than 250 international applications from the USPTO during a fiscal quarter, as indicated in the Official Gazette at 1409 O.G. 302 on December 30, 2014. IP Australia will act as an IPEA only if it also acted as the ISA. The search fee of IP Australia was changed, effective October 1, 2015, and was announced in the Official Gazette at 1419 O.G. 6, on October 6, 2015. 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 62 

 The Federal Service on Intellectual Property, Patents & Trademarks of Russia as Searching and Examining Authority The Federal Service on Intellectual Property, Patents & Trademarks of Russia (Rospatent) may act as the ISA or the IPEA for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The announcement appears in the Official Gazette at 1378 O.G. 162, on May 8, 2012. The search fee of Rospatent was changed, effective November 1, 2015, and was announced in the Official Gazette at 1419 O.G. 6 on October 6, 2015. Israel Patent Office as Searching and Examining Authority The Israel Patent Office (ILPO) may act as the ISA or the IPEA for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The announcement appears in the Official Gazette at 1408 O.G. 52, on November 4, 2014. However, the use of the ILPO is restricted. The ILPO will not act as an ISA for applications with one or more claims relating to a business method as defined by certain International Patent Classification classes nor will the ILPO act as an ISA where it has received more than 75 international applications from the USPTO during a fiscal quarter, as indicated in the Official Gazette at 1408 O.G. 52 on November 4, 2014. For the definition of what the ILPO considers to be precluded subject matter in the field of business methods, see Annex B of the Agreement between the Israel Patent Office and the United States Patent and Trademark Office (http://www.uspto.gov/patents/law/notices/ilpo_isa-ipea.pdf). The ILPO will act as an IPEA only if it also acted as the ISA. The search fee of ILPO was changed, effective March 1, 2015, and was announced in the Official Gazette at 1412 O.G. 60 on March 10, 2015. Japan Patent Office as Searching and Examining Authority The Japan Patent Office (JPO) may act as the ISA or the IPEA for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. The announcement appears in the Official Gazette at 1417 O.G. 63, on August 4, 2015. However, the use of the JPO is restricted. The JPO will act as an ISA for applications only where the claims of the application are directed to the field of green technology as defined by certain International Patent Classification classes and where the JPO has not received more than 5,000 international applications from the USPTO during the 3 year period from July 1, 2015 to June 30, 2018, and not more than 300 applications per quarter during the first year, and not more than 475 application per quarter during the second and third years, as indicated in the Official Gazette at 1417 O.G. 63 on August 4, 2015. For the definition of what the JPO considers to be the field of green technology, see Annex A of the Agreement between the Japan Patent Office and the United States Patent and Trademark Office at 1417 O.G. 67, August 4, 2015. The JPO will act as an IPEA only if it also acted as the ISA. The search fee of the JPO was announced in the Official Gazette at 1417 O.G. 63 on August 4, 2015. Fees The transmittal fee for the USPTO was changed to include a basic portion 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 63 

 and a non-electronic filing fee portion, effective November 15, 2011, and was announced in the Federal Register on November 15, 2011. Search fees for the USPTO were changed, effective January 12, 2009, and were announced in the Federal Register on November 12, 2008. The fee for filing a request for the restoration of the right of priority was established, effective November 9, 2007, and was announced in the Federal Register on September 10, 2007. International filing fees were changed, effective January 1, 2015, and were announced in the Official Gazette at 1409 O.G. 243 on December 30, 2014. The elimination of the discount for filing the international application in paper with a PCT EASY zip file was announced in the Official Gazette at 1419 O.G. 128 on October 20, 2015. The schedule of PCT fees (in U.S. dollars), as of November 1, 2015, is as follows: International Application (PCT Chapter I) fees: Transmittal fee Basic Portion - Fee $240.00 - Small Entity Fee $120.00 - Micro Entity Fee $60.00 Non-electronic filing fee portion for International applications (other than plant applications) filed on or after 15 November 2011 other than by the Office electronic filing system - Fee $400.00 - Small Entity Fee $200.00 - Micro Entity Fee $200.00 Search fee U.S. Patent and Trademark Office (USPTO) as International Searching Authority (ISA) - Search fee - Fee $2,080.00 - Small Entity Fee $1,040.00 - Micro Entity Fee $520.00 - Supplemental search fee, per additional invention (payable only upon invitation) - Fee $2,080.00 - Small Entity Fee $1,040.00 - Micro Entity Fee $520.00 European Patent Office as ISA - Fee $2,125.00 - Small Entity Fee $2,125.00 - Micro Entity Fee $2,125.00 Korean Intellectual Property Office as ISA - Fee $1,125.00 - Small Entity Fee $1,125.00 - Micro Entity Fee $1,125.00 IP Australia as ISA - Fee $1,622.00 - Small Entity Fee $1,622.00 - Micro Entity Fee $1,622.00 Federal Service on Intellectual Property, Patents & Trademarks of Russia (Rospatent) as ISA - Fee $440.00 - Small Entity Fee $440.00 - Micro Entity Fee $440.00 Israel Patent Office - Fee $909.00 - Small Entity Fee $909.00 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 64 

 - Micro Entity Fee $909.00 Japan Patent Office -Fee $577.00 -Small Entity Fee $577.00 -Micro Entity Fee $577.00 International Fees International filing fee - Fee $1,384.00 - Small Entity Fee $1,384.00 - Micro Entity Fee $1,384.00 International filing fee-filed electronically without PCT-EASY zip file - Fee $1,280.00 - Small Entity Fee $1,280.00 - Micro Entity Fee $1,280.00 International filing fee-filed electronically with PCT EASY zip files - Fee $1,176.00 - Small Entity Fee $1,176.00 - Micro Entity Fee $1.176.00 Supplemental fee for each page over 30 - Fee $16.00 - Small Entity Fee $16.00 - Micro Entity Fee $16.00 Restoration of Priority Filing a request for the restoration of the right of priority under § 1.452 - Fee $1,700.00 - Small Entity Fee $850.00 - Micro Entity Fee $850.00 International Application (PCT Chapter II) fees associated with filing a Demand for Preliminary Examination Handling fee - Fee $208.00 - Small Entity Fee $208.00 - Micro Entity Fee $208.00 Handling fee-90% reduction, if Applicants meet criteria specified at http://www.wipo.int/pct/en/fees/fee_reduction.pdf - Fee $20.80 - Small Entity Fee $20.80 - Micro Entity Fee $20.80 Preliminary examination fee USPTO as International Preliminary Examining Authority (IPEA) - USPTO was ISA in PCT Chapter I - Fee $600.00 - Small Entity Fee $300.00 - Micro Entity Fee $150.00 - USPTO was not ISA in PCT Chapter I - Fee $760.00 - Small Entity Fee $380.00 - Micro Entity Fee $190.00 - Additional preliminary examination fee, per additional invention (payable only upon invitation) - Fee $600.00 - Small Entity Fee $300.00 - Micro Entity Fee $150.00 U.S. National Stage fees (for international applications entering the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's Web site (www.uspto.gov). November 4, 2015 MARK POWELL Deputy Commissioner for International Patent Cooperation United States Patent and Trademark Office 
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 65 

Notice of Maintenance Fees Payable
 Notice of Maintenance Fees Payable Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides that maintenance fees may be paid without surcharge for the six-month period beginning 3, 7, and 11 years after the date of issue of patents based on applications filed on or after Dec. 12, 1980. An additional six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e) for payment of the maintenance fee with the surcharge set forth in 37 CFR 1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is not paid in the patent requiring such payment the patent will expire on the 4th, 8th, or 12th anniversary of the grant. Attention is drawn to the patents that were issued on November 27, 2012 for which maintenance fees due at 3 years and six months may now be paid The patents have patent numbers within the following ranges: Utility Patents 8,316,462 through 8,321,961 Reissue Patents based on the above identified patents. Attention is drawn to the patents that were issued on November 25, 2008 for which maintenance fees due at 7 years and six months may now be paid The patents have patent numbers within the following ranges: Utility Patents 7,454,798 through 7,458,102 Reissue Patents based on the above identified patents. Attention is drawn to the patents that were issued on November 23, 2004 for which maintenance fees due at 11 years and six months may now be paid. The patents have patent numbers within the following ranges: Utility Patents 6,820,279 through 6,823,528 Reissue Patents based on the above identified patents. No maintenance fees are required for design or plant patents. Payments of maintenance fees in patents may be submitted electronically over the Internet at www.uspto.gov. Payments of maintenance fees in patents not submitted electronically over the Internet should be mailed to "Director of the U.S. Patent and Trademark Office, Attn: Maintenance Fees, 2051 Jamieson Avenue, Suite 300, Alexandria, Virginia 22314". Correspondence related to maintenance fees other than payments of maintenance fees in patents should be mailed to "Mail Stop M Correspondence, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450". Patent owners must establish small or micro entity status according to 37 CFR 1.27 or 1.29 if they have not done so and if they wish to pay the small or micro entity amount. The current amounts of the maintenance fees due at 3 years and six months, 7 years and six months, and 11 years and six months are set forth in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain the current maintenance fee amounts, please call the USPTO Contact Center at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO web-site at www.uspto.gov. 
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 66 

Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee
 Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee 35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required maintenance fee and any applicable surcharge are not paid in a patent requiring such payment, the patent will expire at the end of the 4th, 8th or 12th anniversary of the grant of the patent depending on the first maintenance fee which was not paid. According to the records of the Office, the patents listed below have expired due to failure to pay the required maintenance fee and any applicable surcharge. PATENTS WHICH EXPIRED ON October 21, 2015 DUE TO FAILURE TO PAY MAINTENANCE FEES Patent Application Issue Number Number Date 6,634,031 10/173,499 10/21/03 6,634,037 10/022,074 10/21/03 6,634,043 09/953,352 10/21/03 6,634,047 09/846,713 10/21/03 6,634,049 09/850,430 10/21/03 6,634,055 09/623,102 10/21/03 6,634,058 10/190,539 10/21/03 6,634,062 09/742,330 10/21/03 6,634,067 09/961,035 10/21/03 6,634,071 09/802,531 10/21/03 6,634,086 09/829,213 10/21/03 6,634,094 09/562,451 10/21/03 6,634,095 09/892,967 10/21/03 6,634,097 08/841,320 10/21/03 6,634,098 09/358,171 10/21/03 6,634,102 10/083,816 10/21/03 6,634,104 10/039,084 10/21/03 6,634,108 10/062,939 10/21/03 6,634,116 09/781,452 10/21/03 6,634,120 09/967,154 10/21/03 6,634,126 09/745,524 10/21/03 6,634,145 10/180,242 10/21/03 6,634,148 09/997,680 10/21/03 6,634,153 09/378,540 10/21/03 6,634,168 09/420,552 10/21/03 6,634,174 09/972,534 10/21/03 6,634,176 09/977,445 10/21/03 6,634,180 10/005,109 10/21/03 6,634,181 10/033,980 10/21/03 6,634,188 09/558,772 10/21/03 6,634,199 09/938,531 10/21/03 6,634,211 10/147,955 10/21/03 6,634,213 09/788,977 10/21/03 6,634,218 09/559,149 10/21/03 6,634,227 09/937,218 10/21/03 6,634,229 09/441,309 10/21/03 6,634,230 10/124,418 10/21/03 6,634,233 10/055,461 10/21/03 6,634,235 10/004,902 10/21/03 6,634,243 10/046,528 10/21/03 6,634,245 09/646,124 10/21/03 6,634,255 10/023,763 10/21/03 6,634,262 09/928,079 10/21/03 6,634,265 09/966,008 10/21/03 6,634,271 09/926,398 10/21/03 6,634,284 09/909,034 10/21/03 6,634,290 09/625,304 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 67 

 6,634,294 09/997,027 10/21/03 6,634,295 09/857,479 10/21/03 6,634,302 09/724,295 10/21/03 6,634,304 09/986,839 10/21/03 6,634,320 10/072,568 10/21/03 6,634,329 10/107,416 10/21/03 6,634,332 09/925,317 10/21/03 6,634,337 09/949,749 10/21/03 6,634,345 09/853,157 10/21/03 6,634,351 09/982,202 10/21/03 6,634,353 09/528,013 10/21/03 6,634,355 09/337,439 10/21/03 6,634,357 09/691,464 10/21/03 6,634,360 09/762,855 10/21/03 6,634,367 10/105,115 10/21/03 6,634,371 09/855,092 10/21/03 6,634,373 10/030,129 10/21/03 6,634,379 09/991,472 10/21/03 6,634,384 10/346,742 10/21/03 6,634,386 09/969,543 10/21/03 6,634,389 09/879,538 10/21/03 6,634,392 10/021,529 10/21/03 6,634,393 09/930,809 10/21/03 6,634,397 09/381,028 10/21/03 6,634,400 10/156,832 10/21/03 6,634,402 10/066,615 10/21/03 6,634,409 09/892,309 10/21/03 6,634,410 09/941,054 10/21/03 6,634,411 10/207,930 10/21/03 6,634,416 09/584,824 10/21/03 6,634,422 09/810,555 10/21/03 6,634,433 10/193,956 10/21/03 6,634,434 09/971,182 10/21/03 6,634,441 09/933,865 10/21/03 6,634,444 10/058,389 10/21/03 6,634,445 10/033,838 10/21/03 6,634,453 09/945,549 10/21/03 6,634,467 10/151,861 10/21/03 6,634,474 09/998,583 10/21/03 6,634,480 10/006,753 10/21/03 6,634,486 10/180,093 10/21/03 6,634,492 09/709,941 10/21/03 6,634,493 09/927,253 10/21/03 6,634,494 09/516,494 10/21/03 6,634,513 09/219,521 10/21/03 6,634,514 09/799,720 10/21/03 6,634,523 10/116,219 10/21/03 6,634,524 10/070,274 10/21/03 6,634,528 09/849,725 10/21/03 6,634,531 10/026,187 10/21/03 6,634,534 10/045,394 10/21/03 6,634,538 10/021,618 10/21/03 6,634,540 09/926,667 10/21/03 6,634,545 10/008,211 10/21/03 6,634,556 09/804,746 10/21/03 6,634,559 09/819,650 10/21/03 6,634,570 09/964,074 10/21/03 6,634,571 10/169,458 10/21/03 6,634,572 10/161,314 10/21/03 6,634,583 09/848,351 10/21/03 6,634,587 10/040,040 10/21/03 6,634,589 10/011,289 10/21/03 6,634,590 09/693,472 10/21/03 6,634,593 10/218,885 10/21/03 6,634,597 10/044,517 10/21/03 6,634,609 09/912,120 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 68 

 6,634,620 10/007,525 10/21/03 6,634,624 10/045,045 10/21/03 6,634,626 09/927,152 10/21/03 6,634,628 10/049,593 10/21/03 6,634,638 10/000,949 10/21/03 6,634,639 10/143,753 10/21/03 6,634,655 09/815,021 10/21/03 6,634,657 09/777,290 10/21/03 6,634,659 10/056,816 10/21/03 6,634,660 09/990,079 10/21/03 6,634,664 09/699,476 10/21/03 6,634,673 09/868,655 10/21/03 6,634,677 10/032,038 10/21/03 6,634,682 09/983,902 10/21/03 6,634,683 09/666,571 10/21/03 6,634,684 09/909,372 10/21/03 6,634,686 09/970,546 10/21/03 6,634,693 10/062,107 10/21/03 6,634,697 10/188,831 10/21/03 6,634,707 10/178,953 10/21/03 6,634,708 10/191,383 10/21/03 6,634,710 09/966,328 10/21/03 6,634,712 10/045,051 10/21/03 6,634,713 10/012,371 10/21/03 6,634,715 09/790,645 10/21/03 6,634,717 09/987,591 10/21/03 6,634,719 09/930,581 10/21/03 6,634,735 09/422,893 10/21/03 6,634,736 09/900,030 10/21/03 6,634,741 09/844,222 10/21/03 6,634,744 10/099,538 10/21/03 6,634,745 10/023,867 10/21/03 6,634,755 09/504,994 10/21/03 6,634,756 10/183,800 10/21/03 6,634,773 10/137,018 10/21/03 6,634,786 09/739,643 10/21/03 6,634,801 09/712,442 10/21/03 6,634,805 09/974,340 10/21/03 6,634,807 09/525,188 10/21/03 6,634,809 09/446,043 10/21/03 6,634,810 09/414,622 10/21/03 6,634,813 10/145,582 10/21/03 6,634,814 09/767,624 10/21/03 6,634,819 09/906,683 10/21/03 6,634,823 10/052,670 10/21/03 6,634,826 09/516,037 10/21/03 6,634,838 09/944,149 10/21/03 6,634,840 09/614,607 10/21/03 6,634,842 10/072,946 10/21/03 6,634,845 09/595,930 10/21/03 6,634,846 09/913,104 10/21/03 6,634,856 10/132,217 10/21/03 6,634,873 09/862,246 10/21/03 6,634,874 10/167,312 10/21/03 6,634,876 10/098,536 10/21/03 6,634,890 09/972,545 10/21/03 6,634,892 09/921,909 10/21/03 6,634,893 10/120,003 10/21/03 6,634,894 10/155,747 10/21/03 6,634,898 09/918,670 10/21/03 6,634,903 10/054,570 10/21/03 6,634,904 09/970,274 10/21/03 6,634,905 10/028,558 10/21/03 6,634,915 09/875,020 10/21/03 6,634,916 09/813,138 10/21/03 6,634,922 09/525,070 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 69 

 6,634,929 09/553,295 10/21/03 6,634,932 10/288,946 10/21/03 6,634,935 10/126,469 10/21/03 6,634,937 09/844,878 10/21/03 6,634,938 09/937,504 10/21/03 6,634,942 09/879,299 10/21/03 6,634,955 10/112,207 10/21/03 6,634,956 09/393,374 10/21/03 6,634,960 09/941,840 10/21/03 6,634,962 09/923,142 10/21/03 6,634,963 09/702,344 10/21/03 6,634,968 09/877,485 10/21/03 6,634,972 09/893,837 10/21/03 6,634,990 09/304,746 10/21/03 6,634,996 09/759,880 10/21/03 6,634,999 09/939,807 10/21/03 6,635,001 10/026,576 10/21/03 6,635,012 10/109,050 10/21/03 6,635,016 09/933,636 10/21/03 6,635,020 09/892,155 10/21/03 6,635,029 09/311,498 10/21/03 6,635,038 09/827,884 10/21/03 6,635,042 09/981,408 10/21/03 6,635,049 09/303,790 10/21/03 6,635,050 09/926,455 10/21/03 6,635,052 09/832,639 10/21/03 6,635,055 09/674,783 10/21/03 6,635,061 09/658,145 10/21/03 6,635,063 09/241,428 10/21/03 6,635,065 09/909,124 10/21/03 6,635,066 09/108,191 10/21/03 6,635,067 09/956,301 10/21/03 6,635,075 09/758,706 10/21/03 6,635,077 09/948,644 10/21/03 6,635,078 09/667,916 10/21/03 6,635,084 09/971,616 10/21/03 6,635,085 09/640,599 10/21/03 6,635,088 09/197,299 10/21/03 6,635,096 10/019,412 10/21/03 6,635,097 09/931,201 10/21/03 6,635,112 09/698,620 10/21/03 6,635,114 09/467,296 10/21/03 6,635,118 09/765,015 10/21/03 6,635,133 09/482,336 10/21/03 6,635,134 09/649,775 10/21/03 6,635,136 09/841,477 10/21/03 6,635,138 09/368,967 10/21/03 6,635,140 10/055,459 10/21/03 6,635,143 10/327,159 10/21/03 6,635,145 09/877,765 10/21/03 6,635,153 09/786,795 10/21/03 6,635,155 09/982,257 10/21/03 6,635,159 09/979,954 10/21/03 6,635,160 09/958,105 10/21/03 6,635,171 09/758,750 10/21/03 6,635,174 09/979,441 10/21/03 6,635,179 09/477,081 10/21/03 6,635,181 09/933,381 10/21/03 6,635,184 09/553,691 10/21/03 6,635,188 10/124,979 10/21/03 6,635,190 09/897,764 10/21/03 6,635,214 09/394,119 10/21/03 6,635,219 10/094,812 10/21/03 6,635,225 09/542,873 10/21/03 6,635,227 09/527,463 10/21/03 6,635,228 09/703,478 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 70 

 6,635,237 10/049,061 10/21/03 6,635,238 09/951,674 10/21/03 6,635,242 10/218,508 10/21/03 6,635,244 09/918,696 10/21/03 6,635,247 09/835,949 10/21/03 6,635,248 09/497,997 10/21/03 6,635,250 09/760,810 10/21/03 6,635,252 09/883,985 10/21/03 6,635,261 09/943,028 10/21/03 6,635,263 09/362,877 10/21/03 6,635,264 09/698,086 10/21/03 6,635,272 09/946,700 10/21/03 6,635,275 09/240,504 10/21/03 6,635,276 09/674,904 10/21/03 6,635,281 09/469,656 10/21/03 6,635,282 09/570,025 10/21/03 6,635,288 09/796,360 10/21/03 6,635,291 09/729,477 10/21/03 6,635,307 10/013,300 10/21/03 6,635,312 10/195,388 10/21/03 6,635,313 10/016,062 10/21/03 6,635,314 09/913,567 10/21/03 6,635,315 10/292,766 10/21/03 6,635,318 09/927,550 10/21/03 6,635,322 09/504,499 10/21/03 6,635,327 09/924,913 10/21/03 6,635,333 09/942,242 10/21/03 6,635,337 09/927,982 10/21/03 6,635,338 09/665,128 10/21/03 6,635,347 09/831,946 10/21/03 6,635,351 09/919,531 10/21/03 6,635,356 09/735,376 10/21/03 6,635,366 09/728,069 10/21/03 6,635,368 10/022,340 10/21/03 6,635,369 09/862,933 10/21/03 6,635,377 09/932,501 10/21/03 6,635,382 09/890,870 10/21/03 6,635,385 09/813,178 10/21/03 6,635,386 09/213,556 10/21/03 6,635,398 09/695,079 10/21/03 6,635,403 09/960,407 10/21/03 6,635,404 09/498,322 10/21/03 6,635,408 09/790,682 10/21/03 6,635,412 09/902,829 10/21/03 6,635,414 09/863,126 10/21/03 6,635,423 09/759,377 10/21/03 6,635,425 09/910,372 10/21/03 6,635,428 10/007,073 10/21/03 6,635,431 09/269,939 10/21/03 6,635,432 09/557,506 10/21/03 6,635,433 09/700,677 10/21/03 6,635,442 08/848,631 10/21/03 6,635,443 09/154,219 10/21/03 6,635,450 08/765,702 10/21/03 6,635,452 08/988,024 10/21/03 6,635,455 09/868,895 10/21/03 6,635,464 09/849,242 10/21/03 6,635,475 09/627,746 10/21/03 6,635,476 09/687,930 10/21/03 6,635,493 09/843,929 10/21/03 6,635,494 09/956,823 10/21/03 6,635,504 10/036,517 10/21/03 6,635,508 10/155,971 10/21/03 6,635,510 10/153,372 10/21/03 6,635,522 10/228,060 10/21/03 6,635,524 10/166,602 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 71 

 6,635,530 09/057,148 10/21/03 6,635,532 10/099,126 10/21/03 6,635,534 09/780,040 10/21/03 6,635,535 10/044,220 10/21/03 6,635,539 10/131,418 10/21/03 6,635,540 10/137,583 10/21/03 6,635,549 09/961,488 10/21/03 6,635,553 09/721,048 10/21/03 6,635,556 09/859,282 10/21/03 6,635,570 09/410,109 10/21/03 6,635,573 10/040,109 10/21/03 6,635,575 09/633,196 10/21/03 6,635,578 09/550,646 10/21/03 6,635,587 09/661,821 10/21/03 6,635,589 09/286,999 10/21/03 6,635,592 09/890,223 10/21/03 6,635,595 09/788,560 10/21/03 6,635,597 09/463,713 10/21/03 6,635,598 09/832,187 10/21/03 6,635,609 10/073,815 10/21/03 6,635,627 09/424,785 10/21/03 6,635,629 09/845,775 10/21/03 6,635,630 10/163,663 10/21/03 6,635,632 08/996,422 10/21/03 6,635,642 09/145,176 10/21/03 6,635,644 09/809,921 10/21/03 6,635,646 09/562,729 10/21/03 6,635,649 09/851,077 10/21/03 6,635,663 08/961,272 10/21/03 6,635,666 09/925,119 10/21/03 6,635,668 09/120,584 10/21/03 6,635,672 09/856,219 10/21/03 6,635,673 09/485,382 10/21/03 6,635,678 09/331,163 10/21/03 6,635,679 09/855,634 10/21/03 6,635,684 10/083,242 10/21/03 6,635,692 09/445,682 10/21/03 6,635,704 09/997,150 10/21/03 6,635,705 09/986,477 10/21/03 6,635,709 09/907,941 10/21/03 6,635,710 09/208,356 10/21/03 6,635,720 09/913,050 10/21/03 6,635,728 10/044,489 10/21/03 6,635,733 09/850,152 10/21/03 6,635,746 09/254,450 10/21/03 6,635,747 10/181,911 10/21/03 6,635,748 09/215,450 10/21/03 6,635,754 09/475,432 10/21/03 6,635,756 09/719,771 10/21/03 6,635,762 09/335,030 10/21/03 6,635,770 09/544,472 10/21/03 6,635,776 10/307,811 10/21/03 6,635,782 09/951,720 10/21/03 6,635,789 09/683,956 10/21/03 6,635,792 09/989,624 10/21/03 6,635,816 09/837,975 10/21/03 6,635,817 10/011,894 10/21/03 6,635,818 09/935,719 10/21/03 6,635,819 09/825,949 10/21/03 6,635,823 10/205,149 10/21/03 6,635,824 09/620,598 10/21/03 6,635,825 09/793,917 10/21/03 6,635,829 09/820,144 10/21/03 6,635,836 10/340,430 10/21/03 6,635,850 10/047,952 10/21/03 6,635,854 10/079,212 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 72 

 6,635,864 09/905,277 10/21/03 6,635,876 09/805,729 10/21/03 6,635,884 09/797,860 10/21/03 6,635,886 09/646,775 10/21/03 6,635,897 10/151,818 10/21/03 6,635,906 08/953,077 10/21/03 6,635,911 09/751,124 10/21/03 6,635,913 10/026,615 10/21/03 6,635,915 10/178,749 10/21/03 6,635,923 09/866,023 10/21/03 6,635,932 10/213,698 10/21/03 6,635,934 09/776,681 10/21/03 6,635,937 10/152,615 10/21/03 6,635,951 09/900,644 10/21/03 6,635,956 10/238,433 10/21/03 6,635,959 10/287,232 10/21/03 6,635,961 09/826,436 10/21/03 6,635,968 09/775,546 10/21/03 6,635,969 09/511,104 10/21/03 6,635,973 09/700,730 10/21/03 6,635,974 09/653,682 10/21/03 6,635,978 09/622,165 10/21/03 6,635,982 09/929,102 10/21/03 6,635,983 09/388,697 10/21/03 6,635,984 09/512,832 10/21/03 6,635,986 10/043,479 10/21/03 6,635,989 09/368,324 10/21/03 6,635,996 09/534,336 10/21/03 6,636,001 10/029,931 10/21/03 6,636,002 10/038,593 10/21/03 6,636,004 09/806,038 10/21/03 6,636,006 10/008,400 10/21/03 6,636,011 09/880,475 10/21/03 6,636,014 10/045,636 10/21/03 6,636,017 10/255,689 10/21/03 6,636,019 10/103,050 10/21/03 6,636,024 10/096,094 10/21/03 6,636,025 10/042,600 10/21/03 6,636,027 09/695,129 10/21/03 6,636,049 09/553,076 10/21/03 6,636,051 10/004,937 10/21/03 6,636,054 09/990,928 10/21/03 6,636,056 09/693,339 10/21/03 6,636,058 10/021,143 10/21/03 6,636,059 10/268,244 10/21/03 6,636,060 09/617,432 10/21/03 6,636,073 10/005,351 10/21/03 6,636,075 10/060,390 10/21/03 6,636,080 10/002,059 10/21/03 6,636,083 09/970,630 10/21/03 6,636,085 10/125,826 10/21/03 6,636,091 10/097,168 10/21/03 6,636,092 09/661,044 10/21/03 6,636,093 09/616,562 10/21/03 6,636,098 10/002,007 10/21/03 6,636,104 09/880,528 10/21/03 6,636,105 09/915,725 10/21/03 6,636,113 09/980,983 10/21/03 6,636,118 09/914,678 10/21/03 6,636,132 09/213,707 10/21/03 6,636,141 09/903,403 10/21/03 6,636,142 09/980,472 10/21/03 6,636,157 08/773,173 10/21/03 6,636,177 09/914,715 10/21/03 6,636,182 09/985,314 10/21/03 6,636,185 09/703,271 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 73 

 6,636,187 09/181,648 10/21/03 6,636,198 09/054,895 10/21/03 6,636,199 09/826,911 10/21/03 6,636,207 09/944,206 10/21/03 6,636,209 09/731,849 10/21/03 6,636,216 09/113,224 10/21/03 6,636,218 09/675,353 10/21/03 6,636,219 09/031,488 10/21/03 6,636,232 09/759,717 10/21/03 6,636,234 09/376,329 10/21/03 6,636,235 09/687,343 10/21/03 6,636,252 08/579,364 10/21/03 6,636,256 09/378,077 10/21/03 6,636,257 09/430,746 10/21/03 6,636,260 09/102,653 10/21/03 6,636,262 09/308,617 10/21/03 6,636,263 09/874,687 10/21/03 6,636,266 08/982,435 10/21/03 6,636,267 09/533,674 10/21/03 6,636,272 09/509,156 10/21/03 6,636,276 09/392,957 10/21/03 6,636,277 10/013,035 10/21/03 6,636,278 09/286,882 10/21/03 6,636,283 09/819,624 10/21/03 6,636,285 10/002,511 10/21/03 6,636,293 09/377,615 10/21/03 6,636,294 09/383,641 10/21/03 6,636,296 09/602,250 10/21/03 6,636,302 09/760,558 10/21/03 6,636,303 09/822,338 10/21/03 6,636,307 09/852,964 10/21/03 6,636,308 09/554,687 10/21/03 6,636,311 09/450,682 10/21/03 6,636,316 09/472,251 10/21/03 6,636,320 09/691,747 10/21/03 6,636,323 08/670,439 10/21/03 6,636,324 09/953,300 10/21/03 6,636,325 09/253,001 10/21/03 6,636,329 09/357,431 10/21/03 6,636,330 08/724,541 10/21/03 6,636,332 09/019,506 10/21/03 6,636,334 09/986,701 10/21/03 6,636,336 09/971,350 10/21/03 6,636,346 10/023,496 10/21/03 6,636,348 09/962,113 10/21/03 6,636,354 09/568,391 10/21/03 6,636,355 09/748,977 10/21/03 6,636,357 10/060,128 10/21/03 6,636,358 09/774,602 10/21/03 6,636,360 09/704,751 10/21/03 6,636,367 09/955,921 10/21/03 6,636,369 09/993,734 10/21/03 6,636,371 09/558,326 10/21/03 6,636,374 09/556,887 10/21/03 6,636,375 09/584,261 10/21/03 6,636,377 09/608,573 10/21/03 6,636,379 09/896,729 10/21/03 6,636,381 09/643,919 10/21/03 6,636,383 09/811,347 10/21/03 6,636,387 09/768,470 10/21/03 6,636,390 09/801,698 10/21/03 6,636,392 09/899,162 10/21/03 6,636,394 09/511,222 10/21/03 6,636,401 09/579,424 10/21/03 6,636,404 09/649,762 10/21/03 6,636,405 09/977,640 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 74 

 6,636,416 09/881,342 10/21/03 6,636,419 09/927,114 10/21/03 6,636,422 10/014,905 10/21/03 6,636,423 10/046,469 10/21/03 6,636,426 09/822,895 10/21/03 6,636,431 10/022,117 10/21/03 6,636,433 09/801,325 10/21/03 6,636,436 09/983,701 10/21/03 6,636,445 09/736,053 10/21/03 6,636,451 10/112,003 10/21/03 6,636,457 09/945,843 10/21/03 6,636,458 09/537,844 10/21/03 6,636,462 09/855,944 10/21/03 6,636,472 10/155,626 10/21/03 6,636,476 09/219,767 10/21/03 6,636,481 09/491,124 10/21/03 6,636,490 09/352,166 10/21/03 6,636,494 09/363,848 10/21/03 6,636,496 09/383,803 10/21/03 6,636,497 09/627,328 10/21/03 6,636,500 09/362,002 10/21/03 6,636,514 09/198,223 10/21/03 6,636,516 09/520,238 10/21/03 6,636,519 09/332,583 10/21/03 6,636,525 09/136,721 10/21/03 6,636,531 09/498,361 10/21/03 6,636,536 10/261,719 10/21/03 6,636,542 09/250,305 10/21/03 6,636,543 10/184,442 10/21/03 6,636,549 09/154,496 10/21/03 6,636,558 09/386,067 10/21/03 6,636,559 09/583,935 10/21/03 6,636,562 09/489,316 10/21/03 6,636,573 09/954,201 10/21/03 6,636,574 09/871,116 10/21/03 6,636,577 10/064,223 10/21/03 6,636,582 09/683,021 10/21/03 6,636,592 09/964,419 10/21/03 6,636,597 09/885,337 10/21/03 6,636,606 09/514,116 10/21/03 6,636,608 09/185,102 10/21/03 6,636,614 09/423,355 10/21/03 6,636,616 09/451,994 10/21/03 6,636,631 09/325,546 10/21/03 6,636,635 08/742,206 10/21/03 6,636,636 09/004,847 10/21/03 6,636,640 10/160,418 10/21/03 6,636,643 09/498,925 10/21/03 6,636,644 09/452,818 10/21/03 6,636,647 09/330,357 10/21/03 6,636,656 10/002,310 10/21/03 6,636,663 10/126,914 10/21/03 6,636,664 09/775,769 10/21/03 6,636,665 09/719,425 10/21/03 6,636,671 09/741,642 10/21/03 6,636,674 09/779,636 10/21/03 6,636,679 09/938,390 10/21/03 6,636,687 09/150,265 10/21/03 6,636,688 09/310,384 10/21/03 6,636,698 10/109,420 10/21/03 6,636,701 09/823,297 10/21/03 6,636,704 10/010,801 10/21/03 6,636,705 09/766,901 10/21/03 6,636,707 10/016,037 10/21/03 6,636,709 09/892,645 10/21/03 6,636,713 09/970,513 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 75 

 6,636,715 09/861,579 10/21/03 6,636,717 09/976,099 10/21/03 6,636,720 10/256,194 10/21/03 6,636,722 09/660,561 10/21/03 6,636,724 09/700,406 10/21/03 6,636,728 09/544,138 10/21/03 6,636,729 09/423,660 10/21/03 6,636,739 09/645,738 10/21/03 6,636,746 09/500,426 10/21/03 6,636,748 09/005,932 10/21/03 6,636,750 09/419,234 10/21/03 6,636,755 09/962,195 10/21/03 6,636,760 09/719,211 10/21/03 6,636,763 09/857,660 10/21/03 6,636,765 09/777,649 10/21/03 6,636,771 09/688,105 10/21/03 6,636,782 09/953,218 10/21/03 6,636,792 09/965,390 10/21/03 6,636,793 10/026,619 10/21/03 6,636,807 09/649,720 10/21/03 6,636,808 09/560,161 10/21/03 6,636,810 10/165,439 10/21/03 6,636,812 09/768,179 10/21/03 6,636,818 09/397,357 10/21/03 6,636,819 09/680,375 10/21/03 6,636,821 09/898,252 10/21/03 6,636,826 09/858,000 10/21/03 6,636,827 09/285,012 10/21/03 6,636,831 09/289,784 10/21/03 6,636,840 09/420,982 10/21/03 6,636,841 09/402,281 10/21/03 6,636,844 09/525,508 10/21/03 6,636,864 09/753,306 10/21/03 6,636,868 09/170,635 10/21/03 6,636,877 09/400,050 10/21/03 6,636,883 09/255,247 10/21/03 6,636,904 09/443,687 10/21/03 6,636,906 09/560,553 10/21/03 6,636,910 09/683,134 10/21/03 6,636,913 09/551,861 10/21/03 6,636,916 09/503,749 10/21/03 6,636,921 09/507,278 10/21/03 6,636,928 09/507,205 10/21/03 6,636,929 09/544,573 10/21/03 6,636,930 09/519,312 10/21/03 6,636,931 09/226,869 10/21/03 6,636,936 09/544,379 10/21/03 6,636,937 09/931,261 10/21/03 6,636,941 09/611,062 10/21/03 6,636,942 09/970,881 10/21/03 6,636,948 09/834,551 10/21/03 6,636,950 09/300,641 10/21/03 6,636,955 09/652,480 10/21/03 6,636,956 09/900,748 10/21/03 6,636,957 09/779,072 10/21/03 6,636,960 09/505,093 10/21/03 6,636,962 09/459,743 10/21/03 6,636,963 09/474,842 10/21/03 6,636,972 09/976,815 10/21/03 6,636,975 09/464,214 10/21/03 6,636,977 09/265,447 10/21/03 6,636,979 09/548,507 10/21/03 6,636,982 09/518,498 10/21/03 6,636,986 10/000,813 10/21/03 6,636,998 09/610,498 10/21/03 6,637,004 09/487,795 10/21/03 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 76 

 6,637,007 09/561,435 10/21/03 6,637,008 09/397,636 10/21/03 6,637,009 09/946,484 10/21/03 6,637,014 09/977,372 10/21/03 6,637,018 09/697,064 10/21/03 6,637,020 09/204,891 10/21/03 6,637,023 09/261,686 10/21/03 6,637,024 09/563,685 10/21/03 6,637,026 09/516,102 10/21/03 6,637,029 09/242,871 10/21/03 6,637,030 08/872,010 10/21/03 PATENTS WHICH EXPIRED ON October 16, 2015 DUE TO FAILURE TO PAY MAINTENANCE FEES Patent Application Issue Number Number Date 7,281,279 11/072,471 10/16/07 7,281,281 11/228,415 10/16/07 7,281,283 11/287,574 10/16/07 7,281,289 09/583,626 10/16/07 7,281,291 10/746,399 10/16/07 7,281,299 11/135,880 10/16/07 7,281,307 11/257,203 10/16/07 7,281,316 10/883,336 10/16/07 7,281,321 11/361,078 10/16/07 7,281,324 11/104,634 10/16/07 7,281,325 10/535,158 10/16/07 7,281,332 11/154,511 10/16/07 7,281,333 11/298,448 10/16/07 7,281,334 11/077,139 10/16/07 7,281,340 10/526,460 10/16/07 7,281,350 11/074,504 10/16/07 7,281,352 09/682,048 10/16/07 7,281,355 10/681,968 10/16/07 7,281,363 10/913,756 10/16/07 7,281,369 11/063,869 10/16/07 7,281,371 11/509,433 10/16/07 7,281,383 11/089,664 10/16/07 7,281,387 11/255,426 10/16/07 7,281,391 10/977,997 10/16/07 7,281,399 11/267,438 10/16/07 7,281,410 11/503,791 10/16/07 7,281,416 10/527,085 10/16/07 7,281,417 10/411,234 10/16/07 7,281,418 11/178,596 10/16/07 7,281,427 11/254,822 10/16/07 7,281,430 11/293,643 10/16/07 7,281,438 11/269,344 10/16/07 7,281,445 11/240,328 10/16/07 7,281,452 10/769,773 10/16/07 7,281,454 11/093,947 10/16/07 7,281,459 11/387,920 10/16/07 7,281,461 11/378,880 10/16/07 7,281,466 09/552,391 10/16/07 7,281,471 11/093,137 10/16/07 7,281,475 11/435,256 10/16/07 7,281,477 10/493,071 10/16/07 7,281,480 11/274,238 10/16/07 7,281,487 10/806,859 10/16/07 7,281,488 11/517,679 10/16/07 7,281,509 11/227,295 10/16/07 7,281,510 11/529,479 10/16/07 7,281,511 11/362,642 10/16/07 7,281,518 11/724,509 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 77 

 7,281,521 11/066,593 10/16/07 7,281,525 11/362,885 10/16/07 7,281,526 11/408,889 10/16/07 7,281,528 11/589,066 10/16/07 7,281,530 11/066,409 10/16/07 7,281,535 11/061,126 10/16/07 7,281,538 10/247,087 10/16/07 7,281,541 10/870,249 10/16/07 7,281,544 11/079,436 10/16/07 7,281,553 10/149,007 10/16/07 7,281,557 11/131,318 10/16/07 7,281,558 11/165,351 10/16/07 7,281,562 10/952,883 10/16/07 7,281,568 11/142,144 10/16/07 7,281,573 11/302,397 10/16/07 7,281,577 10/711,396 10/16/07 7,281,579 10/496,794 10/16/07 7,281,584 10/482,773 10/16/07 7,281,604 10/800,715 10/16/07 7,281,605 10/836,777 10/16/07 7,281,608 10/479,699 10/16/07 7,281,611 11/060,415 10/16/07 7,281,619 11/116,141 10/16/07 7,281,624 11/436,298 10/16/07 7,281,631 10/845,776 10/16/07 7,281,632 10/306,646 10/16/07 7,281,635 11/008,011 10/16/07 7,281,637 10/965,920 10/16/07 7,281,639 10/884,093 10/16/07 7,281,646 10/715,612 10/16/07 7,281,647 10/875,106 10/16/07 7,281,667 10/907,761 10/16/07 7,281,675 11/203,881 10/16/07 7,281,677 11/035,865 10/16/07 7,281,690 11/137,010 10/16/07 7,281,697 11/077,622 10/16/07 7,281,700 11/399,445 10/16/07 7,281,706 11/039,246 10/16/07 7,281,707 11/078,452 10/16/07 7,281,709 10/839,191 10/16/07 7,281,710 11/006,249 10/16/07 7,281,713 10/971,633 10/16/07 7,281,716 10/840,118 10/16/07 7,281,725 11/272,931 10/16/07 7,281,728 11/178,950 10/16/07 7,281,730 11/440,322 10/16/07 7,281,737 11/053,978 10/16/07 7,281,742 11/046,860 10/16/07 7,281,745 11/163,617 10/16/07 7,281,751 10/529,828 10/16/07 7,281,756 11/379,152 10/16/07 7,281,762 11/503,223 10/16/07 7,281,768 10/370,611 10/16/07 7,281,773 11/175,361 10/16/07 7,281,774 10/812,359 10/16/07 7,281,776 10/357,377 10/16/07 7,281,780 11/003,531 10/16/07 7,281,784 10/774,215 10/16/07 7,281,786 11/006,739 10/16/07 7,281,793 11/079,919 10/16/07 7,281,801 10/941,249 10/16/07 7,281,804 11/064,166 10/16/07 7,281,805 10/886,116 10/16/07 7,281,807 10/891,840 10/16/07 7,281,814 11/140,957 10/16/07 7,281,817 11/258,428 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 78 

 7,281,819 11/258,537 10/16/07 7,281,820 11/328,687 10/16/07 7,281,822 11/041,876 10/16/07 7,281,823 10/801,349 10/16/07 7,281,824 10/513,283 10/16/07 7,281,825 11/177,881 10/16/07 7,281,828 10/898,317 10/16/07 7,281,829 11/143,965 10/16/07 7,281,833 10/686,557 10/16/07 7,281,837 11/316,587 10/16/07 7,281,841 10/478,944 10/16/07 7,281,847 11/196,172 10/16/07 7,281,860 10/559,425 10/16/07 7,281,861 11/085,434 10/16/07 7,281,863 11/020,273 10/16/07 7,281,870 11/147,178 10/16/07 7,281,878 11/416,816 10/16/07 7,281,885 11/500,034 10/16/07 7,281,886 10/939,058 10/16/07 7,281,911 11/191,906 10/16/07 7,281,914 11/280,263 10/16/07 7,281,923 11/414,431 10/16/07 7,281,928 09/640,369 10/16/07 7,281,930 11/460,381 10/16/07 7,281,931 10/897,465 10/16/07 7,281,934 11/599,059 10/16/07 7,281,944 10/458,598 10/16/07 7,281,951 11/286,202 10/16/07 7,281,954 11/655,662 10/16/07 7,281,960 11/707,999 10/16/07 7,281,963 11/642,462 10/16/07 7,281,964 11/136,485 10/16/07 7,281,966 11/031,770 10/16/07 7,281,968 10/957,632 10/16/07 7,281,969 11/127,908 10/16/07 7,281,975 11/220,423 10/16/07 7,281,984 10/812,449 10/16/07 7,281,987 11/090,187 10/16/07 7,281,988 11/095,472 10/16/07 7,281,989 11/344,226 10/16/07 7,281,992 10/992,728 10/16/07 7,282,001 11/089,273 10/16/07 7,282,012 11/462,210 10/16/07 7,282,013 11/326,317 10/16/07 7,282,023 10/363,733 10/16/07 7,282,024 11/033,409 10/16/07 7,282,025 11/038,262 10/16/07 7,282,033 10/654,386 10/16/07 7,282,035 11/353,054 10/16/07 7,282,045 10/607,721 10/16/07 7,282,052 10/664,769 10/16/07 7,282,059 10/612,499 10/16/07 7,282,062 11/054,401 10/16/07 7,282,064 10/669,927 10/16/07 7,282,073 10/115,269 10/16/07 7,282,079 11/020,539 10/16/07 7,282,083 10/643,160 10/16/07 7,282,085 10/788,294 10/16/07 7,282,090 11/362,179 10/16/07 7,282,096 10/722,848 10/16/07 7,282,097 10/867,344 10/16/07 7,282,099 10/253,296 10/16/07 7,282,100 10/898,890 10/16/07 7,282,104 10/494,877 10/16/07 7,282,108 10/669,440 10/16/07 7,282,111 11/004,099 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 79 

 7,282,114 10/088,539 10/16/07 7,282,117 10/698,217 10/16/07 7,282,119 10/333,569 10/16/07 7,282,120 11/008,109 10/16/07 7,282,124 10/459,320 10/16/07 7,282,132 10/805,323 10/16/07 7,282,155 10/388,165 10/16/07 7,282,159 11/065,803 10/16/07 7,282,160 11/283,870 10/16/07 7,282,164 10/815,624 10/16/07 7,282,165 10/832,852 10/16/07 7,282,166 11/021,873 10/16/07 7,282,179 10/400,585 10/16/07 7,282,181 10/942,493 10/16/07 7,282,185 10/105,571 10/16/07 7,282,188 10/509,206 10/16/07 7,282,190 10/563,115 10/16/07 7,282,198 10/372,521 10/16/07 7,282,203 10/996,651 10/16/07 7,282,207 09/549,342 10/16/07 7,282,208 10/623,567 10/16/07 7,282,223 10/916,047 10/16/07 7,282,224 11/450,648 10/16/07 7,282,227 10/637,684 10/16/07 7,282,233 11/214,188 10/16/07 7,282,237 11/224,550 10/16/07 7,282,241 10/421,161 10/16/07 7,282,249 10/515,158 10/16/07 7,282,253 10/743,566 10/16/07 7,282,258 11/119,672 10/16/07 7,282,263 10/478,382 10/16/07 7,282,265 10/845,257 10/16/07 7,282,273 11/259,491 10/16/07 7,282,279 10/971,121 10/16/07 7,282,280 10/380,376 10/16/07 7,282,281 10/433,900 10/16/07 7,282,282 10/664,772 10/16/07 7,282,292 11/288,885 10/16/07 7,282,306 10/808,063 10/16/07 7,282,309 11/598,003 10/16/07 7,282,313 10/924,114 10/16/07 7,282,317 10/789,600 10/16/07 7,282,318 10/875,912 10/16/07 7,282,320 11/269,016 10/16/07 7,282,326 10/058,292 10/16/07 7,282,329 10/669,883 10/16/07 7,282,340 10/943,506 10/16/07 7,282,351 10/270,377 10/16/07 7,282,352 10/858,928 10/16/07 7,282,354 10/310,628 10/16/07 7,282,355 10/388,329 10/16/07 7,282,356 10/746,796 10/16/07 7,282,358 10/661,262 10/16/07 7,282,359 11/363,798 10/16/07 7,282,360 11/636,948 10/16/07 7,282,368 10/375,251 10/16/07 7,282,399 11/311,365 10/16/07 7,282,408 10/848,985 10/16/07 7,282,414 10/909,403 10/16/07 7,282,419 11/103,449 10/16/07 7,282,420 11/301,866 10/16/07 7,282,424 10/494,881 10/16/07 7,282,430 10/852,714 10/16/07 7,282,431 11/618,134 10/16/07 7,282,440 10/136,544 10/16/07 7,282,441 10/904,432 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 80 

 7,282,442 11/598,709 10/16/07 7,282,447 10/923,060 10/16/07 7,282,453 11/479,008 10/16/07 7,282,455 11/296,853 10/16/07 7,282,459 10/941,867 10/16/07 7,282,464 10/431,658 10/16/07 7,282,465 10/807,504 10/16/07 7,282,467 10/332,094 10/16/07 7,282,482 09/854,142 10/16/07 7,282,483 09/898,234 10/16/07 7,282,486 10/650,253 10/16/07 7,282,490 10/495,893 10/16/07 7,282,494 11/312,574 10/16/07 7,282,504 11/125,614 10/16/07 7,282,505 11/206,472 10/16/07 7,282,510 11/166,220 10/16/07 7,282,511 10/169,415 10/16/07 7,282,514 11/786,290 10/16/07 7,282,517 10/546,238 10/16/07 7,282,526 10/736,207 10/16/07 7,282,527 10/643,800 10/16/07 7,282,531 11/091,568 10/16/07 7,282,542 11/329,082 10/16/07 7,282,543 10/666,358 10/16/07 7,282,549 10/753,071 10/16/07 7,282,552 11/383,675 10/16/07 7,282,553 10/883,117 10/16/07 7,282,554 10/500,701 10/16/07 7,282,572 11/439,511 10/16/07 7,282,591 10/508,897 10/16/07 7,282,595 10/535,002 10/16/07 7,282,600 10/852,277 10/16/07 7,282,603 10/873,361 10/16/07 7,282,611 11/527,079 10/16/07 7,282,612 10/508,367 10/16/07 7,282,619 10/897,248 10/16/07 7,282,620 10/362,593 10/16/07 7,282,623 10/702,777 10/16/07 7,282,624 09/978,273 10/16/07 7,282,626 11/048,323 10/16/07 7,282,627 11/048,381 10/16/07 7,282,632 11/048,679 10/16/07 7,282,633 11/082,377 10/16/07 7,282,642 10/852,812 10/16/07 7,282,644 11/332,265 10/16/07 7,282,652 11/442,081 10/16/07 7,282,653 11/580,907 10/16/07 7,282,656 11/412,537 10/16/07 7,282,658 10/411,137 10/16/07 7,282,659 10/666,105 10/16/07 7,282,665 10/667,926 10/16/07 7,282,667 11/154,766 10/16/07 7,282,672 10/560,490 10/16/07 7,282,676 11/341,764 10/16/07 7,282,677 11/414,210 10/16/07 7,282,678 11/308,698 10/16/07 7,282,679 11/429,797 10/16/07 7,282,681 10/908,293 10/16/07 7,282,684 11/340,588 10/16/07 7,282,689 10/507,306 10/16/07 7,282,710 10/039,635 10/16/07 7,282,712 10/442,109 10/16/07 7,282,713 10/865,213 10/16/07 7,282,714 11/493,898 10/16/07 7,282,716 10/983,053 10/16/07 7,282,723 10/418,415 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 81 

 7,282,727 11/187,519 10/16/07 7,282,729 11/143,018 10/16/07 7,282,747 11/033,872 10/16/07 7,282,748 11/033,900 10/16/07 7,282,759 11/376,423 10/16/07 7,282,760 10/522,278 10/16/07 7,282,761 10/696,615 10/16/07 7,282,764 11/481,247 10/16/07 7,282,788 11/225,078 10/16/07 7,282,792 11/252,389 10/16/07 7,282,801 11/226,797 10/16/07 7,282,806 11/516,422 10/16/07 7,282,815 10/912,678 10/16/07 7,282,816 10/836,717 10/16/07 7,282,817 11/488,955 10/16/07 7,282,819 10/983,573 10/16/07 7,282,829 10/532,226 10/16/07 7,282,832 09/956,328 10/16/07 7,282,834 11/148,389 10/16/07 7,282,836 11/298,721 10/16/07 7,282,840 11/056,256 10/16/07 7,282,841 10/978,089 10/16/07 7,282,846 11/196,308 10/16/07 7,282,851 11/439,267 10/16/07 7,282,852 10/961,140 10/16/07 7,282,857 10/982,249 10/16/07 7,282,859 10/938,636 10/16/07 7,282,861 11/362,033 10/16/07 7,282,864 11/191,982 10/16/07 7,282,868 10/773,230 10/16/07 7,282,870 11/420,944 10/16/07 7,282,871 11/458,946 10/16/07 7,282,874 11/342,040 10/16/07 7,282,875 11/214,938 10/16/07 7,282,877 11/281,187 10/16/07 7,282,884 11/266,317 10/16/07 7,282,888 11/311,274 10/16/07 7,282,889 10/888,526 10/16/07 7,282,893 11/710,525 10/16/07 7,282,896 10/961,950 10/16/07 7,282,897 10/962,088 10/16/07 7,282,898 11/166,408 10/16/07 7,282,907 10/539,804 10/16/07 7,282,911 11/542,775 10/16/07 7,282,912 11/330,207 10/16/07 7,282,913 11/016,728 10/16/07 7,282,915 10/962,819 10/16/07 7,282,923 11/230,982 10/16/07 7,282,932 10/791,195 10/16/07 7,282,933 11/028,940 10/16/07 7,282,941 11/099,114 10/16/07 7,282,943 10/970,555 10/16/07 7,282,946 11/025,458 10/16/07 7,282,947 11/238,900 10/16/07 7,282,952 11/330,365 10/16/07 7,282,953 11/223,742 10/16/07 7,282,956 11/299,191 10/16/07 7,282,958 10/992,077 10/16/07 7,282,959 11/072,401 10/16/07 7,282,968 11/327,688 10/16/07 7,282,974 11/323,912 10/16/07 7,282,980 10/935,699 10/16/07 7,282,981 10/533,807 10/16/07 7,282,986 11/193,814 10/16/07 7,282,993 10/808,619 10/16/07 7,282,994 11/180,678 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 82 

 7,283,021 11/142,472 10/16/07 7,283,024 10/740,649 10/16/07 7,283,025 11/086,320 10/16/07 7,283,028 10/909,421 10/16/07 7,283,032 10/552,353 10/16/07 7,283,035 11/370,455 10/16/07 7,283,042 11/272,270 10/16/07 7,283,052 11/202,884 10/16/07 7,283,055 11/176,563 10/16/07 7,283,084 10/520,757 10/16/07 7,283,089 11/613,702 10/16/07 7,283,107 11/144,701 10/16/07 7,283,117 10/780,748 10/16/07 7,283,119 10/457,358 10/16/07 7,283,121 10/978,937 10/16/07 7,283,125 10/434,457 10/16/07 7,283,131 11/128,345 10/16/07 7,283,148 10/835,720 10/16/07 7,283,149 10/448,433 10/16/07 7,283,160 11/227,568 10/16/07 7,283,168 10/353,397 10/16/07 7,283,173 11/522,241 10/16/07 7,283,174 10/475,732 10/16/07 7,283,179 10/866,619 10/16/07 7,283,186 10/356,230 10/16/07 7,283,199 11/226,339 10/16/07 7,283,208 10/746,156 10/16/07 7,283,211 11/192,406 10/16/07 7,283,218 10/733,252 10/16/07 7,283,219 10/625,629 10/16/07 7,283,224 10/955,428 10/16/07 7,283,225 11/242,146 10/16/07 7,283,237 11/218,127 10/16/07 7,283,252 10/996,381 10/16/07 7,283,254 10/731,557 10/16/07 7,283,255 11/364,972 10/16/07 7,283,259 09/770,248 10/16/07 7,283,261 10/351,510 10/16/07 7,283,263 09/828,841 10/16/07 7,283,271 10/354,632 10/16/07 7,283,286 11/314,441 10/16/07 7,283,289 11/193,918 10/16/07 7,283,294 11/257,785 10/16/07 7,283,300 11/463,041 10/16/07 7,283,302 10/549,325 10/16/07 7,283,306 10/844,421 10/16/07 7,283,308 11/073,913 10/16/07 7,283,312 11/411,658 10/16/07 7,283,317 10/768,719 10/16/07 7,283,319 11/423,896 10/16/07 7,283,323 10/986,024 10/16/07 7,283,324 11/086,593 10/16/07 7,283,327 11/451,770 10/16/07 7,283,330 10/132,844 10/16/07 7,283,331 10/861,597 10/16/07 7,283,334 11/455,204 10/16/07 7,283,335 10/430,893 10/16/07 7,283,337 11/074,270 10/16/07 7,283,344 10/875,526 10/16/07 7,283,345 10/891,713 10/16/07 7,283,351 11/091,350 10/16/07 7,283,361 11/166,984 10/16/07 7,283,362 11/306,369 10/16/07 7,283,366 11/092,636 10/16/07 7,283,368 11/163,516 10/16/07 7,283,383 10/876,464 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 83 

 7,283,385 10/999,481 10/16/07 7,283,388 11/058,184 10/16/07 7,283,392 11/379,752 10/16/07 7,283,393 11/483,466 10/16/07 7,283,397 10/290,564 10/16/07 7,283,401 11/391,507 10/16/07 7,283,403 10/987,091 10/16/07 7,283,405 11/126,302 10/16/07 7,283,413 11/076,788 10/16/07 7,283,417 11/054,059 10/16/07 7,283,420 11/320,966 10/16/07 7,283,424 11/499,973 10/16/07 7,283,425 11/512,538 10/16/07 7,283,428 11/353,468 10/16/07 7,283,433 10/926,651 10/16/07 7,283,434 11/026,490 10/16/07 7,283,435 10/481,206 10/16/07 7,283,436 10/299,812 10/16/07 7,283,437 10/439,331 10/16/07 7,283,438 10/915,759 10/16/07 7,283,439 11/270,613 10/16/07 7,283,452 10/355,146 10/16/07 7,283,453 10/615,600 10/16/07 7,283,458 10/510,460 10/16/07 7,283,459 10/679,273 10/16/07 7,283,463 10/622,279 10/16/07 7,283,489 10/403,958 10/16/07 7,283,493 10/085,034 10/16/07 7,283,496 10/056,960 10/16/07 7,283,508 10/359,449 10/16/07 7,283,512 09/768,069 10/16/07 7,283,527 10/087,939 10/16/07 7,283,537 09/880,047 10/16/07 7,283,541 10/208,437 10/16/07 7,283,545 10/445,609 10/16/07 7,283,552 10/426,389 10/16/07 7,283,556 10/209,158 10/16/07 7,283,560 10/215,368 10/16/07 7,283,567 10/312,049 10/16/07 7,283,572 11/034,991 10/16/07 7,283,580 09/911,840 10/16/07 7,283,581 10/343,466 10/16/07 7,283,584 10/780,142 10/16/07 7,283,594 09/613,588 10/16/07 7,283,596 10/616,214 10/16/07 7,283,610 10/843,086 10/16/07 7,283,622 10/833,420 10/16/07 7,283,625 10/418,773 10/16/07 7,283,633 10/049,434 10/16/07 7,283,636 10/504,850 10/16/07 7,283,637 10/848,613 10/16/07 7,283,641 10/833,432 10/16/07 7,283,643 10/919,360 10/16/07 7,283,674 10/877,302 10/16/07 7,283,677 10/931,647 10/16/07 7,283,678 11/584,772 10/16/07 7,283,683 09/600,936 10/16/07 7,283,685 10/667,431 10/16/07 7,283,686 10/413,275 10/16/07 7,283,692 11/214,783 10/16/07 7,283,695 11/216,572 10/16/07 7,283,698 10/928,769 10/16/07 7,283,699 10/954,903 10/16/07 7,283,703 10/832,598 10/16/07 7,283,705 10/913,417 10/16/07 7,283,713 11/399,009 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 84 

 7,283,716 10/969,148 10/16/07 7,283,719 10/358,256 10/16/07 7,283,727 09/787,058 10/16/07 7,283,731 11/086,156 10/16/07 7,283,735 11/313,516 10/16/07 7,283,737 11/023,738 10/16/07 7,283,745 10/403,579 10/16/07 7,283,748 10/721,712 10/16/07 7,283,749 11/447,446 10/16/07 7,283,752 10/813,960 10/16/07 7,283,753 10/426,388 10/16/07 7,283,761 11/082,830 10/16/07 7,283,762 11/000,258 10/16/07 7,283,766 11/465,746 10/16/07 7,283,779 11/059,539 10/16/07 7,283,781 11/182,286 10/16/07 7,283,783 10/723,783 10/16/07 7,283,790 10/020,934 10/16/07 7,283,792 10/966,207 10/16/07 7,283,793 10/262,336 10/16/07 7,283,800 10/902,765 10/16/07 7,283,809 11/229,797 10/16/07 7,283,814 10/631,990 10/16/07 7,283,847 10/646,918 10/16/07 7,283,849 10/466,624 10/16/07 7,283,852 10/659,776 10/16/07 7,283,854 10/466,747 10/16/07 7,283,855 10/647,237 10/16/07 7,283,873 10/838,692 10/16/07 7,283,878 10/963,184 10/16/07 7,283,884 11/191,089 10/16/07 7,283,890 10/485,969 10/16/07 7,283,896 11/250,527 10/16/07 7,283,907 11/120,174 10/16/07 7,283,913 10/561,316 10/16/07 7,283,925 10/986,279 10/16/07 7,283,926 11/257,591 10/16/07 7,283,938 11/356,670 10/16/07 7,283,945 09/956,571 10/16/07 7,283,948 10/165,565 10/16/07 7,283,961 10/089,925 10/16/07 7,283,962 10/392,881 10/16/07 7,283,968 10/674,982 10/16/07 7,283,970 10/068,497 10/16/07 7,283,974 10/294,024 10/16/07 7,283,982 10/727,578 10/16/07 7,283,986 10/821,137 10/16/07 7,283,995 10/956,860 10/16/07 7,283,996 11/050,177 10/16/07 7,284,000 10/741,708 10/16/07 7,284,012 10/350,951 10/16/07 7,284,013 10/683,102 10/16/07 7,284,020 10/930,869 10/16/07 7,284,022 10/405,225 10/16/07 7,284,026 10/603,603 10/16/07 7,284,027 10/226,735 10/16/07 7,284,028 10/287,108 10/16/07 7,284,029 10/702,989 10/16/07 7,284,038 11/178,359 10/16/07 7,284,040 10/660,654 10/16/07 7,284,051 09/455,932 10/16/07 7,284,064 09/532,034 10/16/07 7,284,072 10/735,980 10/16/07 7,284,073 11/353,004 10/16/07 7,284,076 10/819,979 10/16/07 7,284,077 10/661,288 10/16/07 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 85 

 7,284,082 10/921,723 10/16/07 7,284,084 10/929,323 10/16/07 7,284,087 10/994,991 10/16/07 7,284,090 11/115,714 10/16/07 7,284,097 10/675,744 10/16/07 7,284,102 11/054,450 10/16/07 7,284,103 10/300,339 10/16/07 7,284,105 10/660,043 10/16/07 7,284,110 11/424,388 10/16/07 7,284,111 10/125,686 10/16/07 7,284,133 10/153,616 10/16/07 7,284,140 11/523,547 10/16/07 7,284,146 11/330,859 10/16/07 7,284,152 09/380,146 10/16/07 7,284,168 11/043,377 10/16/07 7,284,172 10/709,389 10/16/07 7,284,175 11/603,085 10/16/07 7,284,176 10/891,618 10/16/07 7,284,178 10/421,771 10/16/07 7,284,188 10/112,614 10/16/07 7,284,195 10/061,259 10/16/07 7,284,198 10/960,587 10/16/07 7,284,201 09/956,660 10/16/07 7,284,211 10/417,007 10/16/07 7,284,216 10/977,635 10/16/07 7,284,219 11/060,017 10/16/07 7,284,227 10/966,993 10/16/07 7,284,234 10/288,307 10/16/07 7,284,238 10/715,769 10/16/07 7,284,242 10/248,287 10/16/07 7,284,246 10/131,012 10/16/07 7,284,249 10/217,378 10/16/07 7,284,251 10/957,656 10/16/07 7,284,252 10/889,389 10/16/07 7,284,254 10/432,090 10/16/07 7,284,263 11/531,780 10/16/07 7,284,267 09/803,527 10/16/07 7,284,270 10/236,688 10/16/07 PATENTS WHICH EXPIRED ON October 18, 2015 DUE TO FAILURE TO PAY MAINTENANCE FEES Patent Application Issue Number Number Date 8,037,545 11/724,974 10/18/11 8,037,555 12/688,359 10/18/11 8,037,558 12/971,110 10/18/11 8,037,563 12/409,821 10/18/11 8,037,567 12/413,183 10/18/11 8,037,577 12/404,645 10/18/11 8,037,579 11/861,404 10/18/11 8,037,580 12/355,819 10/18/11 8,037,587 11/870,784 10/18/11 8,037,597 12/062,573 10/18/11 8,037,598 12/319,668 10/18/11 8,037,605 12/852,613 10/18/11 8,037,613 10/932,523 10/18/11 8,037,630 11/531,776 10/18/11 8,037,635 12/378,411 10/18/11 8,037,638 12/625,621 10/18/11 8,037,656 12/188,731 10/18/11 8,037,670 12/230,884 10/18/11 8,037,674 10/541,654 10/18/11 8,037,678 12/879,595 10/18/11 8,037,685 12/336,196 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 86 

 8,037,693 12/119,768 10/18/11 8,037,703 12/183,596 10/18/11 8,037,709 12/288,124 10/18/11 8,037,722 12/817,584 10/18/11 8,037,727 12/455,159 10/18/11 8,037,729 11/628,013 10/18/11 8,037,736 12/013,787 10/18/11 8,037,745 12/516,568 10/18/11 8,037,746 12/331,001 10/18/11 8,037,754 12/138,109 10/18/11 8,037,762 11/809,196 10/18/11 8,037,763 12/477,395 10/18/11 8,037,764 11/718,609 10/18/11 8,037,779 11/905,181 10/18/11 8,037,784 12/161,864 10/18/11 8,037,802 12/247,683 10/18/11 8,037,805 12/323,865 10/18/11 8,037,815 11/662,275 10/18/11 8,037,818 11/401,140 10/18/11 8,037,830 12/083,319 10/18/11 8,037,836 12/109,620 10/18/11 8,037,853 11/837,505 10/18/11 8,037,859 12/407,166 10/18/11 8,037,871 10/639,540 10/18/11 8,037,877 12/343,628 10/18/11 8,037,881 12/295,955 10/18/11 8,037,883 11/425,518 10/18/11 8,037,888 12/119,509 10/18/11 8,037,892 12/914,065 10/18/11 8,037,897 12/214,583 10/18/11 8,037,906 12/231,821 10/18/11 8,037,908 11/868,602 10/18/11 8,037,917 12/113,641 10/18/11 8,037,922 12/094,116 10/18/11 8,037,927 11/941,550 10/18/11 8,037,928 11/641,750 10/18/11 8,037,930 11/656,360 10/18/11 8,037,940 12/205,196 10/18/11 8,037,943 12/664,076 10/18/11 8,037,944 12/664,065 10/18/11 8,037,956 12/292,734 10/18/11 8,037,974 12/127,466 10/18/11 8,037,978 11/685,701 10/18/11 8,037,981 10/838,233 10/18/11 8,037,983 11/936,055 10/18/11 8,037,991 12/146,519 10/18/11 8,037,999 12/283,736 10/18/11 8,038,001 12/279,534 10/18/11 8,038,002 12/584,799 10/18/11 8,038,011 11/341,756 10/18/11 8,038,016 11/577,256 10/18/11 8,038,018 12/410,346 10/18/11 8,038,021 12/418,331 10/18/11 8,038,035 11/868,817 10/18/11 8,038,037 11/924,145 10/18/11 8,038,052 12/537,428 10/18/11 8,038,053 12/043,590 10/18/11 8,038,069 12/052,526 10/18/11 8,038,080 12/097,310 10/18/11 8,038,083 12/304,599 10/18/11 8,038,097 11/999,356 10/18/11 8,038,107 12/274,533 10/18/11 8,038,110 12/563,509 10/18/11 8,038,111 11/919,079 10/18/11 8,038,114 12/569,255 10/18/11 8,038,115 12/369,763 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 87 

 8,038,116 12/624,009 10/18/11 8,038,117 12/347,313 10/18/11 8,038,154 12/646,911 10/18/11 8,038,155 11/775,280 10/18/11 8,038,158 12/284,614 10/18/11 8,038,159 12/932,289 10/18/11 8,038,171 11/973,763 10/18/11 8,038,183 11/944,678 10/18/11 8,038,184 12/067,160 10/18/11 8,038,186 12/326,148 10/18/11 8,038,208 12/053,702 10/18/11 8,038,211 12/718,872 10/18/11 8,038,216 12/583,157 10/18/11 8,038,224 12/547,925 10/18/11 8,038,232 12/803,977 10/18/11 8,038,233 11/873,820 10/18/11 8,038,252 13/078,998 10/18/11 8,038,262 12/369,000 10/18/11 8,038,267 12/050,517 10/18/11 8,038,284 12/204,599 10/18/11 8,038,286 12/239,649 10/18/11 8,038,293 11/772,316 10/18/11 8,038,310 12/898,083 10/18/11 8,038,312 12/260,587 10/18/11 8,038,315 12/479,730 10/18/11 8,038,325 12/334,963 10/18/11 8,038,326 12/687,783 10/18/11 8,038,332 12/437,057 10/18/11 8,038,335 12/415,261 10/18/11 8,038,349 11/886,575 10/18/11 8,038,357 12/653,259 10/18/11 8,038,359 11/954,830 10/18/11 8,038,360 11/810,225 10/18/11 8,038,368 10/593,211 10/18/11 8,038,373 12/328,927 10/18/11 8,038,374 12/283,793 10/18/11 8,038,400 12/425,533 10/18/11 8,038,404 11/778,184 10/18/11 8,038,406 11/843,860 10/18/11 8,038,413 11/729,692 10/18/11 8,038,423 12/349,651 10/18/11 8,038,435 12/656,271 10/18/11 8,038,438 12/158,638 10/18/11 8,038,449 12/176,425 10/18/11 8,038,451 11/283,199 10/18/11 8,038,458 12/877,505 10/18/11 8,038,459 12/526,374 10/18/11 8,038,464 12/845,364 10/18/11 8,038,469 12/695,638 10/18/11 8,038,471 11/867,720 10/18/11 8,038,472 12/421,894 10/18/11 8,038,474 12/167,455 10/18/11 8,038,476 12/871,398 10/18/11 8,038,477 12/888,466 10/18/11 8,038,478 12/600,294 10/18/11 8,038,490 11/137,557 10/18/11 8,038,501 12/031,748 10/18/11 8,038,513 12/063,455 10/18/11 8,038,517 11/519,019 10/18/11 8,038,543 12/615,550 10/18/11 8,038,553 12/206,461 10/18/11 8,038,560 10/577,329 10/18/11 8,038,563 12/071,239 10/18/11 8,038,570 12/409,063 10/18/11 8,038,574 12/186,962 10/18/11 8,038,576 12/148,026 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 88 

 8,038,577 12/419,269 10/18/11 8,038,583 11/019,886 10/18/11 8,038,584 12/284,994 10/18/11 8,038,592 12/565,924 10/18/11 8,038,598 11/747,693 10/18/11 8,038,614 11/751,646 10/18/11 8,038,615 11/751,657 10/18/11 8,038,619 12/112,911 10/18/11 8,038,634 12/341,546 10/18/11 8,038,645 11/917,452 10/18/11 8,038,659 11/975,371 10/18/11 8,038,682 10/920,581 10/18/11 8,038,684 10/748,234 10/18/11 8,038,696 11/005,934 10/18/11 8,038,724 12/457,652 10/18/11 8,038,737 12/368,306 10/18/11 8,038,738 12/262,295 10/18/11 8,038,740 12/083,404 10/18/11 8,038,757 11/660,915 10/18/11 8,038,787 11/153,379 10/18/11 8,038,814 12/184,937 10/18/11 8,038,816 12/630,638 10/18/11 8,038,818 12/388,700 10/18/11 8,038,826 12/009,828 10/18/11 8,038,830 12/654,689 10/18/11 8,038,835 12/754,372 10/18/11 8,038,840 12/530,421 10/18/11 8,038,849 12/464,318 10/18/11 8,038,853 11/764,334 10/18/11 8,038,854 12/370,197 10/18/11 8,038,871 12/437,367 10/18/11 8,038,882 12/350,595 10/18/11 8,038,889 12/528,892 10/18/11 8,038,890 12/038,568 10/18/11 8,038,892 11/718,568 10/18/11 8,038,896 11/502,416 10/18/11 8,038,900 12/633,026 10/18/11 8,038,902 12/295,476 10/18/11 8,038,904 11/818,833 10/18/11 8,038,912 12/541,246 10/18/11 8,038,919 11/773,887 10/18/11 8,038,922 11/797,980 10/18/11 8,038,933 11/881,639 10/18/11 8,038,945 11/792,095 10/18/11 8,038,946 11/999,144 10/18/11 8,038,950 12/441,982 10/18/11 8,038,960 10/586,813 10/18/11 8,038,962 11/606,506 10/18/11 8,038,963 12/769,753 10/18/11 8,038,966 11/569,012 10/18/11 8,038,973 12/086,041 10/18/11 8,038,974 12/278,222 10/18/11 8,038,982 10/579,205 10/18/11 8,038,992 12/463,840 10/18/11 8,038,993 12/084,459 10/18/11 8,038,999 11/946,190 10/18/11 8,039,000 11/483,354 10/18/11 8,039,004 12/892,613 10/18/11 8,039,007 12/306,920 10/18/11 8,039,015 11/792,727 10/18/11 8,039,019 12/535,833 10/18/11 8,039,028 12/396,554 10/18/11 8,039,031 10/845,948 10/18/11 8,039,042 11/927,323 10/18/11 8,039,043 11/742,207 10/18/11 8,039,044 11/706,332 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 89 

 8,039,051 11/915,918 10/18/11 8,039,054 10/854,942 10/18/11 8,039,058 12/193,840 10/18/11 8,039,060 12/178,346 10/18/11 8,039,077 11/544,123 10/18/11 8,039,092 11/472,895 10/18/11 8,039,096 12/493,713 10/18/11 8,039,107 11/915,659 10/18/11 8,039,111 12/083,038 10/18/11 8,039,112 12/594,737 10/18/11 8,039,142 11/722,417 10/18/11 8,039,148 12/096,966 10/18/11 8,039,150 11/407,348 10/18/11 8,039,160 10/891,464 10/18/11 8,039,167 11/642,357 10/18/11 8,039,168 10/584,902 10/18/11 8,039,170 13/068,750 10/18/11 8,039,171 12/244,057 10/18/11 8,039,174 11/641,716 10/18/11 8,039,176 12/618,722 10/18/11 8,039,180 13/032,590 10/18/11 8,039,187 11/676,080 10/18/11 8,039,199 12/453,152 10/18/11 8,039,216 12/845,465 10/18/11 8,039,221 12/486,972 10/18/11 8,039,222 12/056,704 10/18/11 8,039,228 10/570,075 10/18/11 8,039,238 10/507,129 10/18/11 8,039,253 10/312,721 10/18/11 8,039,255 12/917,393 10/18/11 8,039,257 12/897,297 10/18/11 8,039,265 12/050,062 10/18/11 8,039,266 11/856,594 10/18/11 8,039,274 12/385,945 10/18/11 8,039,295 12/906,457 10/18/11 8,039,300 12/954,160 10/18/11 8,039,305 12/597,652 10/18/11 8,039,324 12/258,415 10/18/11 8,039,333 12/359,974 10/18/11 8,039,352 12/127,661 10/18/11 8,039,369 12/199,466 10/18/11 8,039,390 12/535,665 10/18/11 8,039,409 12/904,236 10/18/11 8,039,419 11/849,484 10/18/11 8,039,429 12/301,102 10/18/11 8,039,432 11/595,576 10/18/11 8,039,446 12/874,668 10/18/11 8,039,453 11/854,186 10/18/11 8,039,455 12/159,742 10/18/11 8,039,456 12/313,956 10/18/11 8,039,457 12/631,490 10/18/11 8,039,463 12/408,367 10/18/11 8,039,464 11/632,648 10/18/11 8,039,465 12/695,348 10/18/11 8,039,467 12/582,341 10/18/11 8,039,475 11/711,213 10/18/11 8,039,487 12/125,976 10/18/11 8,039,490 11/705,635 10/18/11 8,039,492 11/993,440 10/18/11 8,039,495 12/905,313 10/18/11 8,039,500 12/448,271 10/18/11 8,039,503 13/004,278 10/18/11 8,039,521 11/388,307 10/18/11 8,039,523 11/902,566 10/18/11 8,039,524 12/783,907 10/18/11 8,039,529 11/937,768 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 90 

 8,039,539 12/665,866 10/18/11 8,039,549 12/305,976 10/18/11 8,039,550 11/437,044 10/18/11 8,039,552 12/493,296 10/18/11 8,039,594 11/887,123 10/18/11 8,039,596 12/365,638 10/18/11 8,039,601 13/159,875 10/18/11 8,039,603 12/473,056 10/18/11 8,039,606 12/576,296 10/18/11 8,039,609 12/299,596 10/18/11 8,039,616 12/067,318 10/18/11 8,039,620 12/470,137 10/18/11 8,039,623 11/716,248 10/18/11 8,039,624 11/960,823 10/18/11 8,039,626 12/437,478 10/18/11 8,039,630 11/917,045 10/18/11 8,039,635 12/531,807 10/18/11 8,039,647 12/511,482 10/18/11 8,039,651 12/739,332 10/18/11 8,039,653 12/578,170 10/18/11 8,039,658 12/179,979 10/18/11 8,039,660 12/244,233 10/18/11 8,039,661 12/942,287 10/18/11 8,039,665 12/665,269 10/18/11 8,039,666 12/592,180 10/18/11 8,039,675 12/696,736 10/18/11 8,039,680 12/525,913 10/18/11 8,039,681 11/205,452 10/18/11 8,039,688 12/433,085 10/18/11 8,039,689 12/914,022 10/18/11 8,039,692 12/424,574 10/18/11 8,039,723 12/792,455 10/18/11 8,039,726 11/138,615 10/18/11 8,039,728 12/070,072 10/18/11 8,039,742 11/791,947 10/18/11 8,039,745 12/182,643 10/18/11 8,039,746 10/523,829 10/18/11 8,039,747 12/362,021 10/18/11 8,039,798 12/496,164 10/18/11 8,039,805 12/763,258 10/18/11 8,039,828 11/864,046 10/18/11 8,039,832 11/995,630 10/18/11 8,039,834 11/760,002 10/18/11 8,039,837 12/471,723 10/18/11 8,039,851 12/615,081 10/18/11 8,039,870 12/021,042 10/18/11 8,039,874 11/902,391 10/18/11 8,039,875 11/850,776 10/18/11 8,039,889 11/944,802 10/18/11 8,039,895 12/345,415 10/18/11 8,039,900 11/823,765 10/18/11 8,039,907 12/005,464 10/18/11 8,039,918 12/524,059 10/18/11 8,039,926 12/328,933 10/18/11 8,039,944 12/222,255 10/18/11 8,039,948 11/143,297 10/18/11 8,039,949 12/619,385 10/18/11 8,039,952 12/472,340 10/18/11 8,039,963 12/219,527 10/18/11 8,039,974 12/813,472 10/18/11 8,039,975 12/404,766 10/18/11 8,039,977 12/053,907 10/18/11 8,039,984 12/470,087 10/18/11 8,039,989 11/945,858 10/18/11 8,039,990 12/939,959 10/18/11 8,040,000 12/430,810 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 91 

 8,040,009 12/531,234 10/18/11 8,040,014 12/622,751 10/18/11 8,040,022 12/334,383 10/18/11 8,040,026 12/491,223 10/18/11 8,040,028 12/168,738 10/18/11 8,040,031 12/432,810 10/18/11 8,040,037 11/342,598 10/18/11 8,040,064 12/738,076 10/18/11 8,040,066 12/383,806 10/18/11 8,040,072 12/222,155 10/18/11 8,040,073 12/186,062 10/18/11 8,040,087 12/248,653 10/18/11 8,040,105 11/764,104 10/18/11 8,040,128 12/423,189 10/18/11 8,040,137 12/162,620 10/18/11 8,040,138 12/065,018 10/18/11 8,040,150 12/788,957 10/18/11 8,040,158 11/883,721 10/18/11 8,040,165 12/662,357 10/18/11 8,040,177 12/815,075 10/18/11 8,040,178 12/671,340 10/18/11 8,040,180 11/773,945 10/18/11 8,040,192 12/607,964 10/18/11 8,040,222 11/938,741 10/18/11 8,040,223 12/274,065 10/18/11 8,040,226 12/029,093 10/18/11 8,040,242 11/672,045 10/18/11 8,040,254 12/349,216 10/18/11 8,040,258 12/419,849 10/18/11 8,040,272 12/148,677 10/18/11 8,040,279 12/183,027 10/18/11 8,040,280 12/096,780 10/18/11 8,040,281 12/293,052 10/18/11 8,040,292 11/977,997 10/18/11 8,040,294 11/984,416 10/18/11 8,040,295 11/672,086 10/18/11 8,040,296 11/940,266 10/18/11 8,040,320 12/289,836 10/18/11 8,040,329 11/613,554 10/18/11 8,040,334 12/004,649 10/18/11 8,040,338 12/855,487 10/18/11 8,040,341 10/754,987 10/18/11 8,040,344 12/062,258 10/18/11 8,040,354 12/019,204 10/18/11 8,040,367 12/369,275 10/18/11 8,040,369 11/701,589 10/18/11 8,040,376 11/735,555 10/18/11 8,040,392 11/719,104 10/18/11 8,040,399 12/148,994 10/18/11 8,040,402 12/317,643 10/18/11 8,040,404 12/237,711 10/18/11 8,040,408 12/406,159 10/18/11 8,040,412 11/643,777 10/18/11 8,040,422 12/410,900 10/18/11 8,040,423 11/194,702 10/18/11 8,040,424 11/367,477 10/18/11 8,040,425 12/061,048 10/18/11 8,040,431 12/317,087 10/18/11 8,040,432 11/515,016 10/18/11 8,040,435 11/671,815 10/18/11 8,040,438 11/898,924 10/18/11 8,040,441 11/934,837 10/18/11 8,040,465 12/234,561 10/18/11 8,040,470 12/097,452 10/18/11 8,040,486 12/296,143 10/18/11 8,040,498 10/580,475 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 92 

 8,040,502 11/575,437 10/18/11 8,040,506 11/993,585 10/18/11 8,040,507 12/465,245 10/18/11 8,040,510 12/196,455 10/18/11 8,040,514 12/341,138 10/18/11 8,040,516 12/513,521 10/18/11 8,040,519 12/301,819 10/18/11 8,040,522 12/385,452 10/18/11 8,040,524 12/233,983 10/18/11 8,040,541 10/635,389 10/18/11 8,040,549 11/759,017 10/18/11 8,040,554 12/750,498 10/18/11 8,040,556 12/115,801 10/18/11 8,040,557 11/950,905 10/18/11 8,040,558 11/998,099 10/18/11 8,040,559 12/084,904 10/18/11 8,040,574 12/322,908 10/18/11 8,040,583 12/522,675 10/18/11 8,040,585 12/350,575 10/18/11 8,040,588 12/036,668 10/18/11 8,040,589 12/369,630 10/18/11 8,040,590 12/589,928 10/18/11 8,040,603 12/679,833 10/18/11 8,040,616 12/460,036 10/18/11 8,040,617 12/675,654 10/18/11 8,040,630 12/463,340 10/18/11 8,040,633 12/000,283 10/18/11 8,040,636 12/357,435 10/18/11 8,040,638 11/494,212 10/18/11 8,040,640 12/385,628 10/18/11 8,040,642 12/433,058 10/18/11 8,040,650 12/725,782 10/18/11 8,040,661 12/410,569 10/18/11 8,040,665 12/048,086 10/18/11 8,040,677 12/474,612 10/18/11 8,040,679 12/184,034 10/18/11 8,040,704 12/215,536 10/18/11 8,040,705 12/233,957 10/18/11 8,040,706 12/689,123 10/18/11 8,040,712 12/314,845 10/18/11 8,040,727 09/143,233 10/18/11 8,040,728 12/469,181 10/18/11 8,040,730 12/625,723 10/18/11 8,040,731 12/639,286 10/18/11 8,040,750 12/145,969 10/18/11 8,040,757 12/150,142 10/18/11 8,040,762 12/386,353 10/18/11 8,040,763 12/744,094 10/18/11 8,040,764 12/472,667 10/18/11 8,040,767 12/748,589 10/18/11 8,040,769 12/285,214 10/18/11 8,040,770 12/273,105 10/18/11 8,040,771 12/334,631 10/18/11 8,040,772 12/425,438 10/18/11 8,040,775 12/337,659 10/18/11 8,040,776 11/782,705 10/18/11 8,040,779 12/844,261 10/18/11 8,040,799 12/121,168 10/18/11 8,040,824 12/502,714 10/18/11 8,040,828 12/085,784 10/18/11 8,040,841 12/182,508 10/18/11 8,040,843 11/875,161 10/18/11 8,040,855 11/756,316 10/18/11 8,040,863 11/755,786 10/18/11 8,040,866 11/886,771 10/18/11 8,040,876 11/392,533 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 93 

 8,040,882 12/031,076 10/18/11 8,040,883 12/254,403 10/18/11 8,040,898 11/850,099 10/18/11 8,040,915 10/440,325 10/18/11 8,040,928 12/689,301 10/18/11 8,040,931 13/045,276 10/18/11 8,040,934 12/656,166 10/18/11 8,040,941 11/835,223 10/18/11 8,040,951 11/210,308 10/18/11 8,040,963 12/223,649 10/18/11 8,040,964 12/337,279 10/18/11 8,040,972 11/654,185 10/18/11 8,040,978 12/543,487 10/18/11 8,040,984 11/967,602 10/18/11 8,040,985 11/973,464 10/18/11 8,040,995 12/078,289 10/18/11 8,040,998 11/616,121 10/18/11 8,041,024 11/550,167 10/18/11 8,041,025 11/462,900 10/18/11 8,041,044 11/651,754 10/18/11 8,041,046 11/631,186 10/18/11 8,041,049 11/736,066 10/18/11 8,041,051 12/053,743 10/18/11 8,041,058 11/529,342 10/18/11 8,041,059 11/562,900 10/18/11 8,041,061 10/956,095 10/18/11 8,041,063 13/059,875 10/18/11 8,041,067 12/262,154 10/18/11 8,041,071 12/521,048 10/18/11 8,041,072 11/581,445 10/18/11 8,041,085 12/030,407 10/18/11 8,041,093 11/281,635 10/18/11 8,041,115 11/940,063 10/18/11 8,041,123 11/885,591 10/18/11 8,041,124 11/624,595 10/18/11 8,041,125 12/061,739 10/18/11 8,041,154 11/901,592 10/18/11 8,041,182 11/283,740 10/18/11 8,041,185 09/930,756 10/18/11 8,041,187 11/787,368 10/18/11 8,041,188 11/404,983 10/18/11 8,041,189 10/514,946 10/18/11 8,041,194 11/204,565 10/18/11 8,041,199 12/346,497 10/18/11 8,041,202 12/216,752 10/18/11 8,041,205 12/754,208 10/18/11 8,041,223 12/057,580 10/18/11 8,041,227 11/940,775 10/18/11 8,041,281 12/030,608 10/18/11 8,041,289 12/117,035 10/18/11 8,041,293 12/056,075 10/18/11 8,041,295 11/909,793 10/18/11 8,041,301 11/999,408 10/18/11 8,041,302 11/544,162 10/18/11 8,041,304 12/190,919 10/18/11 8,041,324 11/901,579 10/18/11 8,041,341 12/871,154 10/18/11 8,041,352 11/979,802 10/18/11 8,041,356 12/030,642 10/18/11 8,041,368 11/935,260 10/18/11 8,041,370 12/707,384 10/18/11 8,041,405 11/916,046 10/18/11 8,041,406 12/779,352 10/18/11 8,041,416 11/901,695 10/18/11 8,041,425 12/538,294 10/18/11 8,041,436 10/351,664 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 94 

 8,041,437 12/103,554 10/18/11 8,041,441 12/010,446 10/18/11 8,041,464 11/978,587 10/18/11 8,041,470 12/329,913 10/18/11 8,041,488 11/287,504 10/18/11 8,041,508 11/976,940 10/18/11 8,041,514 11/711,053 10/18/11 8,041,516 12/277,122 10/18/11 8,041,520 12/284,100 10/18/11 8,041,537 12/163,081 10/18/11 8,041,545 11/506,494 10/18/11 8,041,555 11/839,075 10/18/11 8,041,560 12/197,119 10/18/11 8,041,567 11/231,940 10/18/11 8,041,571 11/620,173 10/18/11 8,041,573 11/766,157 10/18/11 8,041,575 11/946,195 10/18/11 8,041,586 12/233,221 10/18/11 8,041,588 11/566,036 10/18/11 8,041,594 12/348,685 10/18/11 8,041,599 11/756,360 10/18/11 8,041,600 11/756,386 10/18/11 8,041,603 11/936,521 10/18/11 8,041,611 12/949,119 10/18/11 8,041,651 12/861,697 10/18/11 8,041,652 12/987,181 10/18/11 8,041,654 12/156,446 10/18/11 8,041,660 12/914,778 10/18/11 8,041,663 12/038,684 10/18/11 8,041,666 11/994,425 10/18/11 8,041,671 12/202,471 10/18/11 8,041,680 11/760,336 10/18/11 8,041,681 12/350,935 10/18/11 8,041,686 12/181,920 10/18/11 8,041,696 12/139,030 10/18/11 8,041,700 12/419,341 10/18/11 8,041,702 11/923,922 10/18/11 8,041,706 11/924,519 10/18/11 8,041,708 12/167,353 10/18/11 8,041,722 12/246,582 10/18/11 8,041,724 12/031,743 10/18/11 8,041,725 12/145,861 10/18/11 8,041,726 12/212,431 10/18/11 8,041,728 10/955,727 10/18/11 8,041,732 12/331,382 10/18/11 8,041,745 11/321,665 10/18/11 8,041,756 11/856,737 10/18/11 8,041,784 11/475,635 10/18/11 8,041,786 11/762,591 10/18/11 8,041,787 12/010,967 10/18/11 8,041,796 10/136,483 10/18/11 8,041,800 11/269,189 10/18/11 8,041,807 11/555,855 10/18/11 8,041,820 10/292,636 10/18/11 8,041,822 11/417,054 10/18/11 8,041,839 12/511,265 10/18/11 8,041,842 11/901,874 10/18/11 8,041,849 12/217,152 10/18/11 8,041,851 11/290,097 10/18/11 8,041,853 11/798,467 10/18/11 8,041,863 11/560,405 10/18/11 8,041,871 13/109,041 10/18/11 8,041,886 12/210,697 10/18/11 8,041,891 12/172,384 10/18/11 8,041,902 12/013,276 10/18/11 8,041,909 11/890,971 10/18/11 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 95 

 8,041,919 12/254,988 10/18/11 8,041,921 12/139,140 10/18/11 8,041,922 11/972,705 10/18/11 8,041,938 12/254,181 10/18/11 8,041,951 11/540,791 10/18/11 8,041,984 12/253,855 10/18/11 8,041,991 12/313,205 10/18/11 8,041,997 12/163,487 10/18/11 8,042,000 12/427,490 10/18/11 8,042,003 12/155,932 10/18/11 8,042,026 11/878,956 10/18/11 8,042,028 11/997,526 10/18/11 8,042,030 11/891,043 10/18/11 8,042,035 11/852,654 10/18/11 8,042,045 12/142,440 10/18/11 8,042,055 12/049,245 10/18/11 8,042,057 11/781,676 10/18/11 8,042,067 12/216,220 10/18/11 8,042,072 12/185,864 10/18/11 8,042,082 12/283,455 10/18/11 8,042,091 12/049,241 10/18/11 8,042,092 12/053,664 10/18/11 8,042,097 12/248,065 10/18/11 8,042,098 10/100,236 10/18/11 8,042,100 11/845,133 10/18/11 8,042,114 11/955,061 10/18/11 8,042,123 12/463,264 10/18/11 8,042,128 12/492,758 10/18/11 8,042,129 12/152,995 10/18/11 8,042,133 12/025,210 10/18/11 8,042,134 12/695,837 10/18/11 8,042,137 12/819,624 10/18/11 8,042,141 11/529,110 10/18/11 8,042,153 11/971,382 10/18/11 8,042,159 11/724,481 10/18/11 8,042,162 11/761,818 10/18/11 8,042,168 12/063,928 10/18/11 8,042,192 12/269,848 10/18/11 
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Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/09/2015
 Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/09/2015 Patent Application Filing Issue Granted Number Number Date Date Date 5,596,839 08/570,650 12/11/1995 01/28/1997 11/12/2015 5,701,707 08/642,853 05/06/1996 12/30/1997 11/12/2015 5,749,185 08/638,973 04/25/1996 05/12/1998 11/12/2015 5,916,140 08/915,591 08/21/1997 06/29/1999 11/12/2015 6,132,267 09/270,467 03/15/1999 10/17/2000 11/12/2015 6,392,029 09/249,542 02/12/1999 05/21/2002 11/10/2015 6,411,316 09/621,547 07/21/2000 06/25/2002 11/13/2015 6,459,833 09/733,676 12/08/2000 10/01/2002 11/13/2015 6,463,196 10/022,565 12/13/2001 10/08/2002 11/13/2015 6,473,617 09/381,040 10/12/1999 10/29/2002 11/10/2015 6,516,873 09/645,312 08/25/2000 02/11/2003 11/11/2015 6,555,978 09/806,044 03/26/2001 04/29/2003 11/09/2015 6,584,653 09/509,985 04/05/2000 07/01/2003 11/11/2015 6,609,087 09/300,922 04/28/1999 08/19/2003 11/11/2015 6,698,902 10/267,031 10/09/2002 03/02/2004 11/12/2015 6,775,588 10/617,157 07/10/2003 08/10/2004 11/12/2015 6,852,147 10/118,700 04/10/2002 02/08/2005 11/09/2015 7,056,588 11/067,944 03/01/2005 06/06/2006 11/12/2015 7,083,095 09/854,336 05/11/2001 08/01/2006 11/09/2015 7,093,580 11/040,216 01/21/2005 08/22/2006 11/11/2015 7,182,080 11/062,197 02/18/2005 02/27/2007 11/10/2015 7,202,898 09/868,405 06/14/2001 04/10/2007 11/12/2015 7,260,258 10/459,470 06/12/2003 08/21/2007 11/13/2015 7,263,631 10/917,461 08/13/2004 08/28/2007 11/13/2015 7,283,046 11/270,354 11/09/2005 10/16/2007 11/12/2015 7,283,047 11/270,416 11/09/2005 10/16/2007 11/12/2015 7,290,207 10/610,697 07/02/2003 10/30/2007 11/11/2015 7,292,159 11/270,376 11/09/2005 11/06/2007 11/12/2015 7,335,831 11/306,145 12/16/2005 02/26/2008 11/12/2015 7,452,625 10/861,281 06/04/2004 11/18/2008 11/12/2015 7,520,408 11/250,788 10/13/2005 04/21/2009 11/13/2015 7,617,652 11/097,698 04/01/2005 11/17/2009 11/13/2015 7,652,070 11/695,164 04/02/2007 01/26/2010 11/11/2015 7,686,705 11/852,982 09/10/2007 03/30/2010 11/09/2015 7,801,910 11/444,989 06/01/2006 09/21/2010 11/11/2015 7,913,633 12/391,708 02/24/2009 03/29/2011 11/09/2015 7,968,838 12/253,166 10/16/2008 06/28/2011 11/12/2015 7,998,517 12/478,014 06/04/2009 08/16/2011 11/11/2015 8,005,713 10/007,966 11/07/2001 08/23/2011 11/11/2015 8,049,617 13/045,001 03/10/2011 11/01/2011 11/12/2015 
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Reissue Applications Filed
 Reissue Applications Filed Notice under 37 CFR 1.11(b). The reissue applications listed below are open to public inspection by the general public through the Image File Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair) on the USPTO internet web site (www.uspto.gov), and copies may be obtained by paying the fee therefor (37 CFR 1.19). 8,115,887, Re. S.N.: 14/876,369, Oct. 06, 2015, Cl.: 349, LIQUID CRYSTAL PANEL ASSEMBLY AND LIQUID CRYSTAL DISPLAY APPARATUS HAVING THE SAME, Jin-hyun CHO, et al, Owner of Record: SAMSUNG ELECTRONICS CO., LTD., Swon-si, KOREA, REPUBLIC OF, Attorney or Agent: Christopher J. Bezak, Ex. Gp.: 2871 8,546,232, Re. S.N.: 14/870,255, Sep. 30, 2015, Cl.: 438, METHOD OF MANUFACTURING A SEMICONDUCTOR DEVICE HAVING A LAMINATED STRUCTURE COMPRISING A BORON-DOPED SILICON GERMANIUM FILM AND A METAL FILM, Nobuyuki Sako, Tokyo, JAPAN, Owner of Record: PS4 Luxco S.a.e.l., Luxembourg, LUXEMBOURG, Attorney or Agent: Michael L. Bartholomew, Ex. Gp.: 2813 
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Requests for Ex Parte Reexamination Filed
 Requests for Ex Parte Reexamination Filed 6,398,548, Reexam. C.N. 90/013,606, Requested Date: Oct. 14, 2015, Cl. 433/024, Title: METHOD AND SYSTEM FOR INCREMENTALLY MOVING TEETH, Inventor: Chishti Muhammad et al., Owners of Record: Align Technology, Inc., Santa, Clara, CA, Attorney or Agent: WSGR/Align Technology, Inc., Palo Alto, CA, Ex. Gp.: 3993, Requester: ClearCorrect Operating, LLC., Scott A. McKeown, Oblon McClelland Maier & Neustadt, LLP., Alexandria, VA 7,125,248, Reexam. C.N. 90/013,607, Requested Date: Oct. 14, 2015, Cl. 433/006, Title: ATTACHMENT DEVICES AND METHODS FOR A DENTAL APPLIANCE, Inventor: Loc X. Phan et al., Owners of Record: Align Technology, Inc., Santa Clara, CA, Attorney or Agent: WSGR/Align Technology, Inc., Palo Alto, CA, Ex. Gp.: 3993, Requester: ClearCorrect Operating, LLC., Scott A. McKeown, Oblon McClelland Maier & Neustadt, LLP., Alexandria, VA 7,470,236, Reexam. C.N. 90/013,605, Requested Date: Oct. 8, 2015, Cl. 600/554, Title: ELECTROMYOGRAPHY SYSTEM, Inventor: Brian S. Kelleher et al., Owners of Record: NuVasive, Inc., San Diego, CA, Attorney or Agent: Fish & Richardson, PC., Minneapolis, MN, Ex. Gp.: 3993, Requester: Justin J. Oliver, Fitzpatrick Cella Harper & Scinto, New York, NY 8,500,703, Reexam. C.N. 90/013,585, Requested Date: Sep. 15, 2015, Cl. 604/263, Title: DEVICES AND METHODS FOR PROTECTING A USER FROM A SHARP TIP OF A MEDICAL NEEDLE, Inventor: Paul Lambert, Owners of Record: EMED Technologies Corporation, El Dorado Hills, CA, Attorney or Agent: Lerner Greenberg Stemer, LLP., Hollywood, FL, Ex. Gp.: 3993, Requester: Repro-Med Systems, Inc., Damir Cefo, Cohen & Gressler, LLP., New York, NY 8,749,248, Reexam. C.N. 90/013,609, Requested Date: Oct. 15, 2015, Cl. 324/541, Title: SHIELDING FLAW DETECTION AND MEASUREMENT IN QUADRATURE AMPLITUDE MODULATED CABLE TELECOMMUNICATIONS ENVIRONMENT, Inventor: John J. Murphy et al., Owners of Record: ComSonics, Inc., Harrisonburg, VA, Attorney or Agent: Whitham Curtis & Christofferson & Cook, PC., Reston, VA, Ex. Gp.: 3992, Requester: PATENT OWNER 8,921,332, Reexam. C.N. 90/013,608, Requested Date: Oct. 14, 2015, Cl. 514/440, Title: CHROMOSOMAL MODIFICATION INVOLVING THE INDUCTION OF DOUBLE-STRANDED DNA CLEAVAGE AND HOMOLOGOUS RECOMBINATION AT THE CLEAVAGE SITE, Inventor: Andre Choulika et al., Owners of Record: Children's Medical Center Corporation, Boston, MA, Attorney or Agent: Mintz Levin/Special Group, Boston, MA, Ex. Gp.: 3991, Requester: Edgar R. Cataxinos, TraskBritt, PC., Salt Lake City, UT 
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Notice of Expiration of Trademark Registrations Due to Failure to Renew
 Notice of Expiration of Trademark Registrations Due to Failure to Renew 15 U.S.C. 1059 provides that each trademark registration may be renewed for periods of ten years from the end of the expiring period upon payment of the prescribed fee and the filing of an acceptable application for renewal. This may be done at any time within one year before the expiration of the period for which the registration was issued or renewed, or it may be done within six months after such expiration on payment of an additional fee. According to the records of the Office, the trademark registrations listed below are expired due to failure to renew in accordance with 15 U.S.C. 1059. TRADEMARK REGISTRATIONS WHICH EXPIRED November 13, 2015 DUE TO FAILURE TO RENEW Reg. Number Serial Number Reg. Date 2,939,235 76/545,635 04/12/2005 1,329,248 73/465,196 04/09/1985 1,329,249 73/465,204 04/09/1985 1,889,068 74/126,881 04/11/1995 1,888,532 74/360,804 04/11/1995 1,888,259 74/428,101 04/11/1995 1,888,916 74/450,822 04/11/1995 2,940,271 75/415,577 04/12/2005 2,939,012 75/581,524 04/12/2005 2,940,282 75/685,226 04/12/2005 2,940,287 75/795,398 04/12/2005 2,940,288 75/801,040 04/12/2005 2,940,289 75/811,320 04/12/2005 2,940,296 75/904,481 04/12/2005 2,940,298 75/927,031 04/12/2005 2,940,304 75/940,782 04/12/2005 2,939,024 75/983,254 04/12/2005 2,940,314 76/069,466 04/12/2005 2,940,315 76/071,940 04/12/2005 2,940,316 76/072,191 04/12/2005 2,940,334 76/141,292 04/12/2005 2,940,337 76/151,421 04/12/2005 2,940,338 76/155,649 04/12/2005 2,940,347 76/197,148 04/12/2005 2,940,365 76/241,666 04/12/2005 2,940,953 76/249,005 04/12/2005 2,940,369 76/249,099 04/12/2005 2,940,373 76/261,471 04/12/2005 2,939,044 76/269,943 04/12/2005 2,940,382 76/291,626 04/12/2005 2,940,385 76/294,606 04/12/2005 2,939,051 76/295,204 04/12/2005 2,939,052 76/295,205 04/12/2005 2,940,386 76/296,403 04/12/2005 2,940,388 76/303,650 04/12/2005 2,940,406 76/330,660 04/12/2005 2,940,407 76/330,662 04/12/2005 2,939,058 76/334,199 04/12/2005 2,940,420 76/351,603 04/12/2005 2,940,425 76/358,947 04/12/2005 2,940,435 76/373,053 04/12/2005 2,940,443 76/384,007 04/12/2005 2,940,446 76/386,734 04/12/2005 2,940,471 76/422,229 04/12/2005 2,940,472 76/422,630 04/12/2005 
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 2,940,477 76/426,562 04/12/2005 2,939,077 76/434,517 04/12/2005 2,939,078 76/441,864 04/12/2005 2,940,499 76/442,417 04/12/2005 2,940,503 76/444,839 04/12/2005 2,940,507 76/449,507 04/12/2005 2,940,508 76/450,731 04/12/2005 2,940,523 76/459,970 04/12/2005 2,939,089 76/460,850 04/12/2005 2,939,093 76/464,180 04/12/2005 2,939,096 76/471,982 04/12/2005 2,940,532 76/472,053 04/12/2005 2,940,540 76/476,616 04/12/2005 2,939,102 76/477,906 04/12/2005 2,940,543 76/479,403 04/12/2005 2,939,103 76/481,734 04/12/2005 2,940,549 76/482,721 04/12/2005 2,939,106 76/486,063 04/12/2005 2,939,109 76/487,826 04/12/2005 2,939,116 76/490,372 04/12/2005 2,940,566 76/495,076 04/12/2005 2,940,571 76/499,599 04/12/2005 2,939,127 76/503,072 04/12/2005 2,939,135 76/506,665 04/12/2005 2,940,578 76/507,054 04/12/2005 2,939,139 76/510,720 04/12/2005 2,940,581 76/510,804 04/12/2005 2,940,583 76/513,390 04/12/2005 2,940,588 76/515,422 04/12/2005 2,940,963 76/518,448 04/12/2005 2,940,593 76/518,827 04/12/2005 2,939,149 76/518,829 04/12/2005 2,940,599 76/520,610 04/12/2005 2,940,601 76/520,864 04/12/2005 2,939,160 76/524,959 04/12/2005 2,940,605 76/525,007 04/12/2005 2,939,174 76/530,311 04/12/2005 2,939,186 76/536,884 04/12/2005 2,940,967 76/538,043 04/12/2005 2,939,201 76/540,560 04/12/2005 2,939,202 76/540,561 04/12/2005 2,939,204 76/540,563 04/12/2005 2,940,625 76/541,142 04/12/2005 2,939,207 76/541,512 04/12/2005 2,939,222 76/544,020 04/12/2005 2,939,223 76/544,046 04/12/2005 2,939,241 76/546,438 04/12/2005 2,939,248 76/547,427 04/12/2005 2,940,633 76/549,460 04/12/2005 2,939,270 76/552,503 04/12/2005 2,939,275 76/553,264 04/12/2005 2,939,278 76/553,399 04/12/2005 2,939,298 76/557,074 04/12/2005 2,939,299 76/557,231 04/12/2005 2,939,300 76/557,385 04/12/2005 2,940,972 76/559,245 04/12/2005 2,939,306 76/559,296 04/12/2005 2,939,310 76/559,712 04/12/2005 2,939,316 76/561,703 04/12/2005 2,939,329 76/564,025 04/12/2005 2,939,330 76/564,028 04/12/2005 2,939,336 76/565,213 04/12/2005 2,939,338 76/565,253 04/12/2005 2,939,344 76/566,410 04/12/2005 2,939,372 76/572,881 04/12/2005 2,939,379 76/574,553 04/12/2005 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 101 

 2,939,383 76/574,712 04/12/2005 2,939,386 76/575,329 04/12/2005 2,939,392 76/575,481 04/12/2005 2,939,401 76/576,360 04/12/2005 2,939,424 76/580,141 04/12/2005 2,939,425 76/580,143 04/12/2005 2,939,429 76/580,673 04/12/2005 2,939,432 76/580,866 04/12/2005 2,939,434 76/581,269 04/12/2005 2,939,436 76/581,462 04/12/2005 2,939,445 76/582,567 04/12/2005 2,939,447 76/582,689 04/12/2005 2,939,449 76/582,736 04/12/2005 2,939,452 76/583,294 04/12/2005 2,939,453 76/583,302 04/12/2005 2,939,456 76/583,610 04/12/2005 2,939,475 76/584,411 04/12/2005 2,939,505 76/586,022 04/12/2005 2,939,514 76/586,131 04/12/2005 2,939,515 76/586,157 04/12/2005 2,939,516 76/586,179 04/12/2005 2,939,517 76/586,180 04/12/2005 2,939,528 76/586,569 04/12/2005 2,939,529 76/586,571 04/12/2005 2,939,530 76/586,574 04/12/2005 2,939,535 76/586,783 04/12/2005 2,939,542 76/586,923 04/12/2005 2,939,549 76/587,445 04/12/2005 2,939,550 76/587,448 04/12/2005 2,939,551 76/587,449 04/12/2005 2,939,552 76/587,488 04/12/2005 2,939,553 76/587,514 04/12/2005 2,940,651 78/105,989 04/12/2005 2,939,573 78/106,292 04/12/2005 2,940,652 78/116,742 04/12/2005 2,940,661 78/154,040 04/12/2005 2,940,980 78/154,193 04/12/2005 2,940,662 78/155,538 04/12/2005 2,940,665 78/157,815 04/12/2005 2,939,592 78/168,178 04/12/2005 2,940,677 78/168,288 04/12/2005 2,940,683 78/169,190 04/12/2005 2,939,597 78/185,325 04/12/2005 2,939,599 78/187,120 04/12/2005 2,939,602 78/189,065 04/12/2005 2,939,605 78/191,103 04/12/2005 2,939,608 78/193,579 04/12/2005 2,940,710 78/194,241 04/12/2005 2,940,711 78/196,317 04/12/2005 2,939,610 78/196,869 04/12/2005 2,940,716 78/200,799 04/12/2005 2,940,717 78/200,865 04/12/2005 2,940,751 78/216,475 04/12/2005 2,939,617 78/217,594 04/12/2005 2,939,622 78/222,285 04/12/2005 2,940,762 78/223,390 04/12/2005 2,940,765 78/224,891 04/12/2005 2,940,766 78/225,377 04/12/2005 2,940,779 78/235,534 04/12/2005 2,940,781 78/236,802 04/12/2005 2,940,787 78/240,059 04/12/2005 2,940,797 78/244,643 04/12/2005 2,939,651 78/252,205 04/12/2005 2,940,811 78/254,677 04/12/2005 2,939,654 78/255,620 04/12/2005 2,940,812 78/256,430 04/12/2005 
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 2,939,661 78/263,546 04/12/2005 2,940,832 78/264,749 04/12/2005 2,940,840 78/267,322 04/12/2005 2,940,842 78/267,649 04/12/2005 2,939,664 78/267,824 04/12/2005 2,939,667 78/270,058 04/12/2005 2,939,671 78/273,777 04/12/2005 2,940,859 78/275,464 04/12/2005 2,940,866 78/278,004 04/12/2005 2,940,868 78/279,302 04/12/2005 2,939,682 78/281,559 04/12/2005 2,940,873 78/283,259 04/12/2005 2,940,878 78/285,226 04/12/2005 2,939,701 78/287,481 04/12/2005 2,940,990 78/289,051 04/12/2005 2,939,709 78/290,945 04/12/2005 2,940,991 78/293,738 04/12/2005 2,940,896 78/295,391 04/12/2005 2,939,725 78/295,806 04/12/2005 2,940,899 78/298,150 04/12/2005 2,940,992 78/300,263 04/12/2005 2,939,743 78/301,273 04/12/2005 2,939,745 78/302,309 04/12/2005 2,939,757 78/304,820 04/12/2005 2,939,758 78/305,123 04/12/2005 2,939,760 78/306,012 04/12/2005 2,939,762 78/306,265 04/12/2005 2,939,763 78/306,269 04/12/2005 2,940,911 78/307,800 04/12/2005 2,939,784 78/309,399 04/12/2005 2,940,997 78/309,865 04/12/2005 2,939,798 78/313,996 04/12/2005 2,939,809 78/317,089 04/12/2005 2,939,813 78/317,822 04/12/2005 2,940,925 78/320,665 04/12/2005 2,939,827 78/321,202 04/12/2005 2,940,929 78/324,879 04/12/2005 2,939,836 78/326,458 04/12/2005 2,939,840 78/327,245 04/12/2005 2,940,934 78/333,463 04/12/2005 2,939,858 78/333,477 04/12/2005 2,939,861 78/333,965 04/12/2005 2,939,879 78/341,249 04/12/2005 2,940,937 78/344,199 04/12/2005 2,939,897 78/345,405 04/12/2005 2,939,903 78/347,327 04/12/2005 2,939,912 78/352,931 04/12/2005 2,941,006 78/354,343 04/12/2005 2,939,916 78/354,791 04/12/2005 2,939,918 78/355,856 04/12/2005 2,939,935 78/362,197 04/12/2005 2,939,944 78/365,246 04/12/2005 2,939,945 78/365,263 04/12/2005 2,939,946 78/365,776 04/12/2005 2,939,947 78/366,241 04/12/2005 2,941,008 78/366,353 04/12/2005 2,939,949 78/367,590 04/12/2005 2,939,960 78/370,092 04/12/2005 2,939,980 78/375,943 04/12/2005 2,939,983 78/376,482 04/12/2005 2,939,995 78/379,500 04/12/2005 2,940,003 78/381,055 04/12/2005 2,940,004 78/381,098 04/12/2005 2,940,024 78/386,931 04/12/2005 2,940,026 78/388,225 04/12/2005 2,940,039 78/390,922 04/12/2005 
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 2,940,041 78/391,140 04/12/2005 2,940,044 78/391,572 04/12/2005 2,940,048 78/392,011 04/12/2005 2,940,065 78/393,871 04/12/2005 2,941,010 78/394,191 04/12/2005 2,940,071 78/394,622 04/12/2005 2,940,072 78/394,668 04/12/2005 2,940,075 78/394,974 04/12/2005 2,940,081 78/395,392 04/12/2005 2,940,083 78/395,532 04/12/2005 2,940,085 78/395,676 04/12/2005 2,940,090 78/396,143 04/12/2005 2,940,102 78/396,721 04/12/2005 2,940,104 78/396,881 04/12/2005 2,940,110 78/397,308 04/12/2005 2,940,117 78/397,674 04/12/2005 2,940,124 78/398,145 04/12/2005 2,940,127 78/398,186 04/12/2005 2,940,134 78/398,467 04/12/2005 2,940,135 78/398,470 04/12/2005 2,940,136 78/398,589 04/12/2005 2,940,150 78/399,416 04/12/2005 2,940,165 78/400,662 04/12/2005 2,940,171 78/400,877 04/12/2005 2,940,172 78/400,913 04/12/2005 2,940,175 78/401,057 04/12/2005 2,940,178 78/401,245 04/12/2005 2,940,190 78/401,811 04/12/2005 2,940,201 78/402,140 04/12/2005 2,940,210 78/402,750 04/12/2005 2,940,213 78/403,098 04/12/2005 2,940,217 78/403,297 04/12/2005 2,940,218 78/403,482 04/12/2005 2,940,223 78/404,913 04/12/2005 2,940,228 78/406,959 04/12/2005 2,941,011 78/407,978 04/12/2005 2,940,236 78/436,871 04/12/2005 2,940,237 78/440,508 04/12/2005 2,940,240 78/484,830 04/12/2005 2,940,241 78/494,551 04/12/2005 2,940,945 78/975,761 04/12/2005 1,885,828 74/516,603 03/28/1995 
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Registration to Practice
 Registration to Practice The following list contains the names of persons seeking for registration to practice before the United States Patent and Trademark Office. Final approval for registration is subject to establishing to the satisfaction of the Director of the Office of Enrollment and Discipline that the person seeking registration is of good moral character and repute. 37 CFR § 11.7 Accordingly, any information tending to affect the eligibility of any of the following persons on moral ethical or other grounds should be furnished to the Director of Enrollment and Discipline on or before December 28, 2015 at the following address: Mail Stop OED United States Patent and Trademark Office P.O. Box 1450 Alexandria VA 22314 Abnet, Charles Cameron, 183 Villa Street, Waltham, MA 02453 Barrett, Michael Edward, 1148 West Monroe, Unit 3SE, Chicago, IL 60607 Castro, Leon Guillermo, 4323 Elk Ridge Road, Lincoln, NE 68516 Chen, Ying-Ja, Pronutria Biosciences, 840 Memorial Drive, Third Floor, Cambridge, MA 02139 Eckerley, Alyssa Ryanne, 2704 S. Adams Street, #44, Bloomington, IN 47403 Hargadine, Shaun William, 7901 Baymeadows Circle East, Apartment 355, Jacksonville, FL 32256 Hepburn, Debera Wells, 1744 Eagle Crest Drive, Carrollton, TX 75010 Howard, Dana Rashay, 300 West Vine Street, Suite 2100, Lexington, KY 40507 Ignatenko, Vasily Andreyevich, Fish & Richardson, 1 Marina Park Drive, Boston, MA 02210 Kempner, Casey Hineline, Haynes and Boone, LLP, 600 Anton Boulevard, Suite 700, Costa Mesa, CA 92626 Kwun, Richard, Law Office Richard Kwun, 1611 5th Street #10, Sacramento, CA 95814 Lassiter, Desiree Lin, 360 E. 161st Street, Bronx, NY 10451 Li, Wenting, 10 Landing Lane, Apartment 2P, New Brunswick, NJ 08901 Lin, Menglu, 1036 Lassen Terrace, Sunnyvale, CA 94086 Macdonald, Kevin, Wolf Greenfield P.C., 600 Atlantic Avenue, Boston, MA 02210-2206 Mueller, James Frederick, 301 Charles Alexander Court, Alexandria, VA 22301 Puza, Michael Thomas, 13693 Foxdale Lake Drive, Carmel, IN 46032 Shei, Alexander, 10382 Noel Avenue, Cupertino, CA 95014 Soon, Paul Yu-Jen, 53 Meadow Lane, Bloomfield, NJ 07003 Watanabe, Yosuke, Micron Technology Inc., 8000 S. Federal Way, Building 36, Room 117A, Cubicle D4, Boise, ID 83707 Wu, Jiang, K&L Gates LLP, 70 W. Madison Street, Suite 3100, Chicago, IL 60602 Zhao, Shuang, 865 Cathcart Road, Blue Bell, PA 19422 November 13, 2015 WILLIAM R. COVEY Deputy General Counsel for Enrollment and Discipline and Director of the Office of Enrollment and Discipline 
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Patents and Serial Numbers Available for License or Sale
 Patents and Serial Numbers Available for License or Sale The following website provides information regarding the public availability of technologies developed in federal research laboratories available for licensing: http://www.federallabs.org/available_technologies/ 8,212,690 VEHICLE DETECTION INDUCTIVE LOOP ACTIVATION DEVICE Attorney: Gable Gotwals Contact: Paul E. Rossler 1100 ONEOK Plaza 100 West 5th Street Tulsa, OK 74103-4217 (Voice) 918-595-4800 (FAX) 918-595-4990 (Email) prossler@gablelaw.com 9,033,025 ALUMINIUM-COPPER ALLOY FOR CASTING Attorney: Lathrop & Gage LLP Contact: Michael J. Curtis 4845 Pearl East Circle Ste. 201 Boulder, CO 80301 (Voice) (720) 931-3000 (Fax) (720)931-3001 (Email) boulderip@lathropgage.com 8,887,408 APPARATUS FOR CONFIRMING RIGHT ANGLES AT CORNERS OF A RECTANGULAR STRUCTURE WITH A TAPE MEASURE Attorney: Joseph M. Rolnicki Contact: Joseph M. Rolnicki Metropolitan Square 211 N. Broadway, Suite 2500 St. Louise, MO 63102 (Voice) (314)-552-4044 (Fax) (314)-884-4444 (Email) jrolnicki@evans-dixon.com D. 688,063 WIPES CANNISTER Contact: Brett North Garvey, Smith, Nehrbass & North, L.L.C. 3838 North Causeway Boulevard, Suite 3290 Metairie, LA 70002 (Email) northbrett@gsnn.us (Voice) 504-835-2000 (Fax) 504-835-2070 8,376,585 ENERGY EFFICIENT ILLUMINATION APPARATUS AND METHOD FOR ILLUMINATING SURFACES Contact: Anita Waterson (Assignee) 408 Claridge Court Point Pleasant, NJ 08742 (Voice) 732-899-0188 (Cell) 908-600-0171 (Email) anitawaterson@yahoo.com 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 106 

 9,023,000 ULTIMATE BIKINI UNDER PADS (UBUP) Contact: NZE (Nasser El-Miniawi) 2 Keen Gate Syosset, NY 11791 (Voice) 516-468-5468 (Voice) 516-884-5558 (Email) melminiawi@yahoo.com 9,005,055 APPARATUS FOR A THROWING GAME Attorney: Barry I. Friedman Contact: Robert Gonzalez 7119 Dumbarton Place Bethel Park, PA 15102 (Voice) 412-835-7237 (Fax) 412-918-1199 (Email) rgonzalez91@verizon.net 14/613,655 SCORING DEVICE FOR A THROWING GAME Attorney: Barry I. Friedman Contact: Robert Gonzalez 7119 Dumbarton Place Bethel Park, PA 15102 (Voice) 412-835-7237 (Fax) 412-918-1199 (Email) rgonzalez91@verizon.net 7,731,297 TAILGATE-SECURING DUMP APRON FOR DUMP TRUCKS Contact: Anthony Ozanich P.O. Box 7 Engadine, MI 49827-0007 8,988,038 APPARATUS FOR CHARGING BATTERY POWERED ELECTRONIC DEVICES USING A ROLLING MEANS Contact: Scott Vedder Go For Launch Venture Management 483 Jeffrey James Way Apopka, FL 32712 (321) 209-2090 (Email) scott@goforlaunchventure.com 12/794,754 CASSU-GUARD Contact: Carl Salmon 955 Eldert Lane Brooklyn, NY 11208 (347) 280-9985 (Email) salocka@aol.com 9,061,230 SYSTEM TO REMOVE CONTAMINANTS FROM AIR STREAM Attorney: Litmanlaw Contact: Yaser Barakat Caldwell-street (Voice) 540-556-0077 (Fax) 540-343-1771 (Email) yaser69@gmail.com 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 107 

 9,022,826 SAFETY BELT SWIM TRAINER Contact: Ann Bannister 30-51 Hobart Street Apt. 3H Woodside, NY 11377 (Voice) 917-327-1834 (Email) annbanni@rcn.com 8,863,831 FREE MANDREL SYSTEM, PROTECTED CASING Contact: Eladio Bassa 25 de Mayo 641 Mendoza, Argentina 5500 (Voice) 54-261-4239052 D. 506,595 SPORTS SANDAL Contact: Shelton P. Rimple 265 Kingston Avenue Brooklyn, NY 11213 (Voice) 646-272-0428 (Voice) 203-331-5262 (Email) technoboss64@gmail.com 6,430,867 DIRECTIONALLY CONTROLLABLE FISHING LURE Attorney: Litman Law 8951 Center Street Manassas, VA 20110 Contact: Thomas Shaffer 1222 Creekside Drive Altoona, PA 16601 (Voice) 814-946-4483 (Email) sparkyshaff@aol.com 
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Trademark Public Advisory Committee Annual Report 2015

TRADEMARK PUBLIC ADVISORY COMMITTEE ANNUAL REPORT 2015

USPTO seal

UNITED STATES PATENT AND TRADEMARK OFFICE


  TABLE OF CONTENTS
 Introduction
 Trademark Operations Performance
  Performance Statistics
  Quality and Training
  Initiatives Completed in FY2015
  Ongoing Initiatives
  Outreach Initiatives
  International Matters
 IT Government Issues
  Trademark Next Generation (TMNG)
  Staffing and Hiring
  Budget Planning and Tracking
  Agile Approach to Software Development
  Accomplishments in FY 2015
  Timeline for Completion
 Budget and Funding Issues
  Fee Reduction
  Activity-Based Information Accounting System
  Ensuring Full Access to User Fees
  Office of the Chief Information Officer
 Trademark Trial and Appeal Board
  Impact of B&B v. Hargis
  Performance Statistics
  Personnel
  Process/Procedures

Trademark Public Advisory Committee

Fiscal Year 2015 Annual Report


I.

Introduction.

 

This is the sixteenth annual report of the Trademark Public Advisory Committee (“TPAC”). This report reviews the trademark operations of the United States Patent and Trademark Office (“USPTO”) for the Fiscal Year (“FY”) ending September 30, 2015. TPAC’s mission, which is specified in enabling legislation, 35 U.S.C. § 5(b)(1) and (d)(1), is “to represent the interests of diverse users” of the USPTO and to “review the policies, goals, performance, budget, and user fees” of the USPTO with respect to trademarks.

Pursuant to 35 U.S.C. § 5(d)(2), this report is submitted within 60 days following the end of the federal FY and is transmitted to the President, the Secretary of Commerce and the Committees on the Judiciary of the Senate and the House of Representatives. This report is submitted for publication in the Trademarks Official Gazette of the USPTO. The report also will be available to the public on the USPTO website, www.uspto.gov.

Members of TPAC. As of the end of FY 2015, the following individuals were members of TPAC:

Kathryn Barrett Park (Vice Chair), Chief Global Executive Brand Counsel, General Electric Corporation, Fairfield, Connecticut (term ends December 1, 2015)
Dee Ann Weldon-Wilson, Trademark Counsel, Exxon Mobil Corporation, Spring, Texas (term ends December 1, 2015)
Maury M. Tepper, III (Chair), Member, Tepper & Eyster, PLLC, Raleigh, North Carolina (term ends December 1, 2015)
Anne H. Chasser, Strategic Advisor, Wolfe Domain, Cincinnati, Ohio (term ends December 1, 2016)
Deborah Hampton,Corporate Trademark Paralegal, Wilmington, Delaware (term ends December 1, 2016)
William G. Barber, Member, Pirkey Barber, PLLC, Austin, Texas (term ends December 1, 2016)
Jody Haller Drake, Partner, Sughrue Mion, LLC, Washington, D.C. (term ends December 1, 2017)
Timothy J. Lockhart, Partner, Wilcox & Savage, P.C., Norfolk, VA (term ends December 1, 2017)
Jonathan Hudis, Partner, Quarles & Brady LLP, Washington, D.C. (term ends December 1, 2017)
 

In addition to the above voting Members, TPAC includes the following non-voting Members who are representatives of each labor organization recognized by the USPTO:

Harold Ross of the National Treasury Employees Union (“NTEU”) Chapter 243.
Howard Friedman of NTEU Chapter 245.
Tamara Kyle of the Patent Office Professional Association.
      

Report Highlights.

In keeping with recent years, Trademark Operations continued to meet and exceed performance goals during FY 2015. Although this accomplishment is not unusual, TPAC commends Trademark Operations for maintaining its high level of performance during a transition in leadership. In December, 2014, Commissioner Deborah Cohn retired after more than thirty years of service to the USPTO. The members of TPAC wish to express their appreciation to Commissioner Cohn for her highly successful tenure leading Trademark Operations and for making many positive contributions to the trademark community. In January, 2015, Commissioner Mary Denison was sworn in and has, to borrow an over-used phrase, “hit the ground running.” Commissioner Denison already had experience, having served as Deputy Commissioner for Trademark Operations, and TPAC appreciates the quick action of Director Michelle Lee to ensure continuity in leadership for Trademark Operations.

TPAC is pleased to note that the Trademark Trial and Appeal Board (“TTAB”) also met its performance goals for FY 2015 and is maintaining pendency of cases within its target ranges. We particularly appreciate action by the TTAB to announce performance goals, helping customers track performance and their own cases.

The Office of the Chief Information Officer (“OCIO”) is continuing its progress on the design of a new, integrated IT system for Trademarks, known as Trademarks Next Generation (“TMNG”), and TPAC is pleased to see the introduction of new systems that are being used internally for examination of trademark applications. OCIO has adopted a new approach to programming and development, called the “agile” methodology. Although TPAC supports the goals behind this approach, we have some concerns about its utility in completing the significant project of creating a unified trademark IT platform. TPAC is also concerned that the development of TMNG continues to take significantly longer and to cost significantly more than originally anticipated. We plan to continue to monitor the significant investment of User Fees in IT systems. TPAC appreciates very much the assistance and cooperation of OCIO in providing regular updates and information in an easy-to-follow format, and we hope that others in the trademark community will be attentive to the return on their investment in IT systems.

We are also pleased to note increased interaction with the trademark community by representatives of the IP Attaché Program, as well as the adoption of enhanced methodologies for allocating the costs of this program. TPAC hopes to continue to dialog between the trademark community and IP Attachés, to help improve the level of service and the return on this program.

Finally, the Office of Chief Financial Officer (“OCFO”) continues to provide excellent information and to support and assist Trademark Operations and other USPTO divisions in the monitoring and allocation of Trademark User Fees. TPAC appreciates the thorough and responsive approach of OCFO and its significant contributions to successful management of Trademark Operations.

II.

Discussion of Specific Issues.

 A.

Trademark Operations Performance.

  1.Performance Statistics.
   

FY 2015 was another banner year for the USPTO’s Trademark Organization, which once again met or exceeded all performance targets.

   a.Increase in Applications. Trademark application filings increased by 10.7 percent for FY 2015 which was 4.3% over the increase Trademark Operations had projected, and more than double the rate of increase for FY 2014 (4.9%). This represents an acceleration of a trend that began in FY 2013
   b.Balanced Disposals. Despite the significant increase in application filings, the Office exceeded its productivity targets for Balanced Disposals of 967,400, with 985,587Balanced Disposals in FY 2015. A Balanced Disposal occurs when either (1) a First Office Action issues; (2) the application is approved for publication; or (3) the application is abandoned.
   c.Total Office Disposals. Total Office Disposals, which mean the number of applications that resulted in either registration or abandonment, were 439,020, slightly down from the projections.
   d.Average First Action Pendency. Once again, Average First Action Pendency remained within the target range of 2.5 to 3.5 months, coming in at 2.9 months for FY 2015.  First Action Pendency is the time between the filing of a trademark application and the substantive review of that application by the USPTO, which typically results in either a notice of publication or a first office action. The range that the Trademark Office maintains represents a balance of an appropriate pipeline of work for the Examining Attorney corps with a predictable and fast response time for the customers of the Office.  TPAC has supported this range for several years, and we applaud the Office for continuing to meet this range, as it has done for many years.
   e.Average Total Pendency. The average time between the filing of a trademark application and the final disposition of that application (through registration, abandonment, or issuance of a Notice of Allowance) continued to remain quite low, and in fact, Trademark Operations exceeded its target goals for FY 2015.  Average Total Pendency was 10.1 months, if suspended or inter partes cases are excluded, and 11.5 months if those cases are included.  (An application is suspended in cases where the outcome of another matter must be determined before further action on the application can be taken.  This can occur if there is a previously-filed application still under examination. An inter partes case is where there is an opposition or cancellation proceeding before the TTAB.)   These stellar results are attributable in part to the greater adoption of electronic filing, through TEAS Plus and TEAS RF, which together now make up almost 80 percent of new filings.  End-to-end electronic filing and communication engenders more cost-effective processing, and now comprises 82.2  percent of all applications processed to disposal, slightly exceeding the Office’s target of 81 percent. TPAC continues to support the Office’s goal of increasing the percentage of trademark applications that are processed electronically from end-to-end.
   f.Overall. Trademark Operations, once again, substantially met or exceeded all of its performance goals for FY 2015.  TPAC commends Commissioners Cohn and Denison for their leadership, making these results possible. Commissioner Cohn concluded a highly successful term as Commissioner in December 2014 and handed over an organization that was performing at a high level in all respects. Commissioner Denison, who has significant experience at the USPTO, stepped up to continue leading a talented  staff  dedicated to providing efficient, fast and reliable service to its customers. Most importantly, these consistently excellent results would not be possible without hard work from the hundreds of employees in Trademark Operations, who all contribute to providing service to customers in a complex and dynamic system.
  2.Quality and Training.
   

As important as the quantitative measures discussed above are to Trademark Operations, of even greater value to the public is the high quality with which work is done, so that the Trademark Register is an accurate reflection of the important substantive trademark rights owned by its customers. Once again, the USPTO has met or exceeded aggressive targets, surmounting last year’s outstanding results.

   a.Compliance Rate. Examination quality is measured by evaluating random samples of applications at two different points during the examination process. This measurement is known as the compliance rate, or percentage of actions or decisions that have been determined to have been made correctly, with no deficiencies or errors. The first point of review looks at initial Office Actions that reject applications for registration or raise other issues regarding formalities that require correction to the application. The second point of review takes place at “final disposition” of an application, either by a final refusal to register or a decision to approve the application for publication. The goal at both points is to determine whether the Examining Attorney’s decisions and written Office Actions comport with the bases of refusals under the Lanham Act. The goal for FY 2015 was a compliance rate of 95.5% for the First Office Action, and a rate of 97% for final compliance.  For each of those targets, the Office exceeded both the FY 2014’s results as well as the targets established for FY 2015. For First Office Action, the compliance rate was 96.7%, which is 1.26 percentage points above the target, and for Final Compliance, the rate was 97.6%, exceeding the target by .6%.
   b.Exceptional Office Action. The Exceptional Office Action is a standard with the following four criteria:  the appropriateness of the likelihood of confusion search, the quality of the evidence provided, the clarity of the writing, and the quality of the decision making.  In FY 2015, Trademark Operations far exceeded the goal of 36%, with 48.3%, office actions of meeting the criteria established.
   c.Training. FY 2015 was peppered with many valuable training offerings to USPTO trademark personnel. All of the training events for Examining Attorneys provided Virginia CLE credit.
    (1)TMEP and case law update. In October 2014, the Examining Attorneys received a briefing on changes in the TMEP and a review of recent case law developments.
    (2)Merely descriptive refusal training. In November 2014, all Examining Attorneys received training on common problems relating to the analysis and supporting evidence for refusals of registration on the ground that a mark is merely descriptive of the applicant’s good/services.
    (3)Training for professional and technical support staff. Also in November 2014, cross training sessions were held for members of various Trademark work units, including Post Registration, Madrid Processing, Intent-to-Use, and the Petitions Office.
    (4)TEAS Reduced Fee. In January 2015, training sessions were held on the changes to examination procedure resulting from the addition of the TEAS Reduced Fee (“TEAS RF”) option for filing new trademark applications.
    (5)Requirement for Trademark Applicant to claim ownership of prior registrations. Also in January 2015, additional training was provided on the change in the requirements that applicants claim ownership of prior registrations.
    (6)Ethics training. AIPLA provided an ethics lecture, which covered recent revisions of the USPTO’s Rules of Professional Conduct, and an overview of the Office’s enforcement and disciplinary mechanisms for ethical violations.
    (7)Rights of Publicity. The NFL’s Executive Vice President and General Counsel provided a presentation for the Office on the rights of publicity in April 2015.
    (8)The Internet of Things. In July 2015, INTA provided industry training on the topic of “The Internet of Things,” featuring speakers from Fiat, GE, and UnderAmour.
    (9)Court of Appeals, Federal Circuit case update, and TMEP review. In July 2015, staff were provided with a review of recent precedential cases from the CAFC, as well as highlights of TMEP updates to implement rulemaking on examination requirements for collective, collective membership, and certification marks.
    (10)INTA mini-seminars. INTA provided two mini-seminars, one in October 2014 on specimens of use, and the other, in March 2015 on USPTO Office Actions.  The mini-seminars featured presentation by INTA practitioners to Trademark staff, highlighting common issues and problems in selected areas.  The presentations were followed in each instance by group discussion of the identified problems with possible solutions proposed.
  3.Initiatives Completed in FY 2015.
   a.TMEP Updates. The USPTO issued updates to the Trademark Manual of Examining Procedure (TMEP) in January and July 2015. The TMEP represents a valuable resource, both for applicants and for Examining Attorneys, and TPAC applauds Trademark Operations for providing ongoing and regular updates to the TMEP.
   b.Final rulemaking. In FY 2015, three notices of final rulemaking were issued.
    (1)Reduction of Fees for Trademark Applications and Renewals. On January 17, 2015, the USPTO introduced the TEAS RF option which reduced the fee for an application filed using the regular TEAS application form to $275 from $325 if the applicant agrees to end-to-end electronic processing of the application, that is, all responses and other documents required during the prosecution of the application are filed electronically.  The fee for TEAS Plus ( where the applicant must use an identification of goods/services from the USPTO Trademark ID Manual, and also must agree to full electronic processing)  was reduced from $275 to $225, and the fee for renewing a trademark registration also was reduced when the renewal is completed electronically, from $400 to $300. The proposed fee reductions encourage applicants and registrants to fully rely on the electronic systems, rather than filing on paper.  This reduction in paper filings continues to lower processing costs and promote efficiencies for the USPTO.  The lower fees benefit new and existing businesses, providing lower costs for those seeking and maintaining federal trademark registrations. Since its introduction, the use of TEAS RF has steadily increased, and, during the last month of FY 2015, TEAS RF accounted for 50% of all new applications received by the Office. The availability of TEAS RF has resulted in a decrease in reliance on TEAS, from over 57% in January, 2015 to less than 19% by the end of FY 2015. Together TEAS RF and TEAS Plus account for 85 percent of all new applications filed. The decision to offer these reduced fees represents bold and thoughtful leadership by Trademark Operations. This reduction was targeted to encourage further efficient use of electronic processing, and, to date, it appears to be having the desired impact. TPAC appreciates the approach of Trademark Operations in carefully consulting with stakeholders and with TPAC before taking this step.
    (2)Miscellaneous Changes. Various changes were made to codify Office practice and provide guidance relating to representation before the Office. Specific changes included:  applicants are required to claim ownership of prior registrations for the same or similar marks only if the owner last listed in the Office records differs from the owner listed in the application; and, when an applicant’s mark is being used by one or more related companies whose use inures to the benefit of the applicant, the requirement to indicate this arrangement is eliminated. This rule brought about a change in TMEP Sections 812 and 819.01.
    (3)Requirements for Collective, Collective Membership, and Certification Marks. Effective July 11, 2015, the Office codified existing Office practices and provided guidance relating to the requirements for collective, collective membership and certification marks. The changes adopted include a requirement that with the first affidavit of use after registration, for registrations based on Trademark Act Sections 44 and 66(a), the filer must submit certification standards, and all filers of such affidavits must submit either updated standards if the standards have changed, or a statement indicating that the standards have not changed.
   c.Examination Guides. Between updates to the TMEP, the Office occasionally provides guidance on specific issues through the issuance of an Examination Guide.  Typically, the Examination Guide supersedes the current edition of the TMEP to the extent any inconsistency exists and the guidance contained is usually incorporated into the next edition of the TMEP.  In March 2015, an Examination Guide was issued on marks consisting of a repeating pattern used on all or part of a product, or in connection with a service. The Guide addresses all issues related to repeating pattern marks, including relevant refusals and response options, as well as requirements regarding mark drawing and description, specimens of use, and the identification of goods or services. Examples illustrating the concepts are also provided in the Guide.
   d.ID Manual Enhancements. The ID Manual lists identification of goods and services and their respective classifications that Examining Attorneys will accept without further inquiry if the specimens of record support the identification and classification.  Although the listing of acceptable identifications is not exhaustive, it serves as a guide to Examining Attorneys, and to those preparing trademark applications, on what constitutes a sufficiently “definite” identification. Failure to appropriately list the goods and services with which a mark is used can prevent registration, so the ID Manual is an invaluable tool.
    (1)Enhancements to Beta Version of Trademarks Next Generation ID Manual. In March 2015, the USPTO announced the deployment of enhancements to the “beta” version of the Trademarks Next Generation Trademark Manual of Identification and Classification of Goods and Services, available at https://tmidm.uspto.gov/idm.  This enhancement was prepared with direct customer feedback that impacted several of the functionalities of the ID Manual.
    (2)Nice Classification Changes. On January 1, 2015, the Tenth Edition of the Nice Classification came into force.  These changes will have some impact on the USPTO’s examination policy and examination practice.  A complete list of those changes can be found by searching the ID Manual using the Search Term “20150101[ED].”
   e.TEAS Enhancements. In July, 2015, the size limit for some attachments to TEAS forms was increased from 5 megabytes to 30 megabytes. Detailed information about the size increases appear on the TEAS forms. For example, both PDF documents of up to 30 megabytes per attachment, and video files of up to 30 megabytes can be accepted. JPG and sound files, however, are still limited to 5 megabytes.
   f.Courtesy Email Reminders. On January 27, 2015, the USPTO began sending courtesy email reminders of post registration maintenance filing deadlines for both Sections 8 and 71 declarations and Section 9 renewals. Registrants must have a “live” registration as of the date of the email and must have both provided a valid email address to the USPTO and authorized email communication. The Office will not send paper reminders of these deadlines, as the reminders are only a courtesy. Similarly, if the email reminder is undeliverable, the Office will not attempt to follow up with additional emails. To ensure that reminders are received, trademark owners should ensure that the USPTO is added to their “safe senders” list and confirm that their email server will not treat such email as either spam or junk email. The owner of a registration who fails to make statutorily required post-registration filings will not be excused by the failure of the USPTO to provide the courtesy reminder. Courtesy reminders will be sent on the first day of the statutory filing period for the maintenance filing, for example, the 5th anniversary date, the 9th anniversary date, the 19th anniversary date, and so on, to all email addresses of record in the registration with the Correspondence and Current Owner fields. The reminders will also be sent to both the primary and secondary email addresses. Registrants can use the TEAS form “Change of Correspondence Address” to verify or update email address information, to ensure that reminders are received by the appropriate parties.
   g.Enhancements to the Electronic Trademark Assignment System. In the fall of 2014, as the FY 2015 began, the USPTO announced several improvements to the Electronic Trademark Assignment System, or eTAS. These included:(i) the addition of three new Conveyance Types to improve specificity in the database – Entity Conversion, Court Order, and Merger and Change of Name (to eliminate the need to file two separate documents in the case of a merger and simultaneous name change) and (ii) the ability for customers to designate the order of recordation for related assignment submissions. Improvements were also made to how customers and the Office communicate about assignment documents. These include the introduction of a new phone service whereby the USPTO will contact customers by telephone to resolve recordation issues, instead of issuing a Non-Recordation Notice. The system also features an electronic resubmission capability, allowing customers who receive a Non-Recordation Notice to submit the corrected paperwork electronically. The system also provides three successive measures to give notice, first by email, then by fax, and ultimately by mail. Country codes have been updated and reordered, to make them consistent with other systems in the USPTO, such as TEAS. Finally, there is an addition to the Verification page that requires the filer to confirm that he/she is aware that the unauthorized use of ETAS constitutes a misrepresentation to the federal government and is subject to criminal and civil penalties. This change is designed to prevent the filing of false transfers against another’s property. TPAC welcomes these changes, as they will all vastly improve the ease of use for customers of eTAS, and clarify chain of title issues in trademark conveyances.
  4.Ongoing Initiatives.
   a.Pilot Program to review Post-Registration Specimens. In FY 2015, Trademark Operations concluded its pilot program, in which 500 randomly-selected registrations were reviewed, to test whether registrants could support claims of use on multiple goods by providing additional specimens for those goods. The purpose of this pilot program was to assess the accuracy and integrity of the use-based trademark register. As part of the pilot program, which commenced in 2012, selected trademark owners were required to submit proof of use of their marks for two additional goods and/or services per class, in addition to the specimen(s) submitted with their maintenance filings. If a response to the inquiry did not fully address the requirements of the pilot or included a request to delete the goods and/or services identified for the pilot, the registration was subject to further proof of use requirements to verify the accuracy of the identification of goods and/or services in the registration. The USPTO selected a statistically significant sample of registrations under Trademark Act Sections 1(a), 44(e), 66(a), and 1(a) and 44(e) combined (dual basis) under the pilot.
    (1)Summary of Results. In just over half of the registrations selected for the pilot, the trademark owners failed to meet the requirement to verify the previously claimed use on particular goods and/or services. Goods and/or services were deleted in 175 of the registrations, or 35%, of the registrations queried under the pilot. In another 78 registrations, or 16%, the trademark owner failed to respond to the requirements of the pilot and any other issues raised during examination of the underlying maintenance filing, resulting in cancellation of the registration. Accordingly, of the 500 registrations selected for the pilot, 253 registrations, or 51%, were unable to verify the previously claimed use in their Section 8 or 71 Declarations.
    (2)Proposals for Ongoing Efforts to Improve the Accuracy of Identifications of Goods and Services in Registrations. The statistics from the pilot support implementing ongoing measures to improve the accuracy and integrity of the Trademark Register as to the actual use of marks with the goods and/or services included in registrations. To that end, the USPTO is considering proposals to increase the solemnity of the declaration filed with Section 8 and 71 Affidavits, and to continue and institutionalize random audits of Section 8 and 71 Declarations of Use. Other methods to improve the accuracy of identifications of goods and services in registrations are still under consideration. Although trademark owners may be, understandably, reluctant to embrace a change to the status quo, TPAC fully supports the efforts of Trademark Operations to ensure that the Trademark Register more accurately reflects the scope of rights owned by each Registrant. Trademark owners rely on searches of the Trademark Register every day when seeking information or when clearing new marks, and it is vital that the Register be as accurate as possible. We look forward to continuing to work with Trademark Operations to select and implement appropriate measures to ensure the integrity of the Trademark Register.
   b.Pilot on changing good/services to reflect new technology. On September 1, 2015, the USPTO commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations that would otherwise be beyond the scope of the current identification. Amendments may be permitted where they are deemed necessary because evolving technology has changed the manner or medium by which the underlying content or subject matter of the identified products and services are offered for sale or provided to consumers. This pilot program is based on user input, including a roundtable discussion on April 11, 2014, a request for comments on the proposal issued on September 4, 2014, and numerous discussions between the USPTO and practitioners. This piloted change in trademark practice takes into account the policy goal of preserving trademark registrations in situations where technology in an industry has evolved in such a way that amendment of the goods/services in question would not generate a public-notice problem. The duration of the pilot will depend on the volume of requests.
    (1)Amendment Requirements.
          ● Among the requirements to amend under this pilot are the following. Amendments will be permitted post-registration upon petition to the Director under Trademark Rule 2.146, 37 C.F.R. § 2.146. (During the pilot period, amendments will not be permitted prior to registration.)
          ● The petition procedures only apply to amendments not permitted under current practice because they would be considered to be beyond the scope of the current identification. Amendments permitted under current practice remain unaffected by these procedures.
          ● In the proposed amendment, the existing goods/services for which the petitioner is no longer able to show use must be replaced with the goods/services in their evolved form.
          ● Further, amendments will only be permitted in situations where the registrant is no longer able to show use of the mark with the goods/services in their original form due to evolving technology. If the registrant is continuing to use the mark with the goods/services in their original form, a new trademark application may be filed in order to seek registration for the evolved goods/services.
          ● Amendments that change the classification of the goods/services and change the identification from goods to services (or vice versa) may be considered. U.S. registrations under the Madrid Protocol [Section 66(a) of the Trademark Act, 15 U.S.C. § 1141f(a)], are based on the underlying international registration for a period of five years from the international registration date. Thus, during that period, the scope of the international registration will factor into determining whether an amendment is acceptable.
          ● By contrast, since registrations under Section 44(e) of the Trademark Act, 15 U.S.C. § 1126(e), exist independent of the underlying foreign registration, the scope of the foreign registration will not factor into determining acceptability.
          ● The USPTO has posted on its website a non-exhaustive list of acceptable amendments under the new practice, along with a sample declaration - http://www.uspto.gov/trademark/trademark-updates-and-announcements/recent-postings. These materials will be updated periodically as amendments are permitted. At the conclusion of the pilot period, the Office will assess whether such amendments should be permitted on a permanent basis, and if so, whether modified guidelines are appropriate.
    (2)Petition Requirements. The petition must meet all requirements of Trademark Rule 2.146, 37 C.F.R. § 2.146, including payment of the petition fee. On petition, the petitioner must request a waiver of the “scope” rule, Trademark Rule 2.173(e), which provides that no amendment to the identification of goods/services in a registration will be permitted except to restrict the identification or change it in ways that would not require republication. In order to show that an extraordinary situation exists, for which justice requires a rule waiver under Trademark Rule 2.146, the petitioner must declare, to the best of petitioner’s knowledge, that:based on changes due to evolving technology in the manner or medium by which products and services are offered for sale and provided to consumers, the petitioner cannot show use on the original goods/services;the petitioner still uses the mark on other goods/services reflecting the evolved technology, and the underlying content or subject matter remains unchanged; and absent an amendment of the identification, the petitioner would be forced to delete the original goods/services from the registration, and thus lose protection in the registration in relation to the underlying content or subject matter of the original goods/services. Also, the petitioner must (1) submit a specimen showing current use of the mark in commerce on or in connection with the amended goods/services; and (2) provide dates of use for the goods/services in their evolved form, both verified with an affidavit or signed declaration under Trademark Rule 2.20, 37 C.F.R. § 2.20. Although the original dates of use would remain in effect in the registration, the “evolved” dates would be made of record within the TSDR database. Petitioners must file their petitions and requests for amendment under Section 7 together through the Trademark Electronic Application System (TEAS) using the “Petition to the Director under Trademark Rule 2.146,” form number 3, located under Petition Forms. The free-text area of the form may be used to provide both the information needed on petition and the proposed amendment under Section 7. For proper handling, the petition should be captioned “Petition to Allow Amendment Due to Technology Evolution.” The required specimen must be attached to the form and both the “petition fee” and Section 7 “filing amendment to registration fee” must be provided. The declaration may be used to support both parts of the filing.
    (3)Third-Party Harm Considerations. The USPTO will perform a new search of Office records in considering possible third-party harm in allowing the amendment. Any “incontestable” status under Section 15 of the Trademark Act, 15 U.S.C. § 1065, that applied to the original goods/services will not apply to the newly amended goods/services in their evolved form. Moreover, in order to reduce the possibility of third-party harm in relation to registrations, the petitioner must declare that it will not file (or refile, if applicable) an affidavit or declaration of incontestability under Section 15 as to the evolved goods/services for a period of at least five years from the date of acceptance of the amendment. As an additional means of reducing the possibility of third-party harm and to provide a mechanism for interested parties to comment about proposed amendments prior to acceptance, the USPTO will publish on a webpage, to be accessed from the Trademark Official Gazette and Trademark Official Gazette Notices webpages of the uspto.gov website, all proposed amendments that appear likely to be acceptable prior to granting the petition and amending the registration. Interested parties will have 30 days from publication to comment on proposed amendments and such comments will factor into assessing the third-party harm aspect of the petition.
  5.Outreach Initiatives.
   

In FY 2015, there were 65 trademark educational outreach programs titled "Trademark Basics:What Every Small Business Should Know Now, Not Later. "Craig Morris, Managing Attorney for Trademark Educational Outreach, Office of the Commissioner for Trademarks, traveled to 18 states in which no live program had previously been provided, bringing the total number of states visited to 48 since the outreach program began in February 2012.

There were also 7 Roundtables. All roundtables included a Trademark Office representative or a representative from the TTAB. The cities visited were Dallas, Texas; Rockville, Maryland; Boston, Massachusetts; Phoenix, Arizona; New York, New York; Houston, Texas; and Pittsburgh, Pennsylvania.

The TPAC applauds the USPTO efforts and their commitment to continuing educational outreach programs throughout the United States on a variety of trademark practice and procedure topics.

  6.International Matters.
   a.Intellectual Property Rights (IPR) Attaché Program. The U.S. IP Attaché program, which was introduced in 2006, continues to be a very important tool both in advancing harmonization and supporting the protection and enforcement of the rights of US businesses abroad.
    (1)Fee allocation. TPAC continued in FY 2015 to monitor the IP Attaché program as it impacts trademarks and the USPTO’s budget allocations. In FY 2015, the Office adopted a new way for the attachés to report their time, which tracks allocation of their time by category (trademarks, patents, copyrights, and other), rather than just reporting on major initiatives. This means for FY 2015 and going forward, the fees from the Attaché Program which are allocated to trademarks will be adjusted on a quarterly basis so that they directly reflect the work being done on trademark issues. TPAC is gratified by this result and appreciative of the responsiveness of the USPTO to bring greater transparency to funding for this invaluable program.
    (2)Expansion. FY 2015 saw growth in the Attaché Program. In August, an IP attaché was added to Brussels, Belgium, to operate throughout the European Union, and an IP attaché position was established in Lima, Peru. This brings the total number of IP attachés to thirteen and expands the presence of the program to ten countries. The IP Attaché in Brussels will work on IP matters that arise within the European Union, and will coordinate with the European Commission on IP matters in WIPO and the WTO. The IP Attaché in Lima, Peru will work on IP matters in the Andean region.  In addition, the IP Attaché position formerly based in Moscow, Russia will be posted to Kyiv, Ukraine. The regional responsibilities of the Kyiv position will be expanded to include Eastern Europe, in addition to the Commonwealth of Independent States.
    (3)Outreach. Throughout FY 2015, the IP Attachés engaged with the corporate community, academia and other US stakeholders to raise awareness of the availability and the services of the Attaché Program and to learn what issues were paramount in the concerns of the community. In December 2014, the IP Attachés hosted or otherwise participated in a series of meetings in Washington, DC, including one with some members of TPAC and various IP organizations such as AIPLA and INTA, and another session with the US Chamber of Commerce. In May 2015, members of the Attaché Program attended and delivered presentations at the INTA Annual Meeting in San Diego, and also traveled to Los Angeles. In San Diego and Los Angeles, they met with legal associations, companies, law schools and industry associations. In FY 2016, it is anticipated that in addition to their meetings in Washington, DC, the attachés will visit with the USPTO regional offices in Detroit and will meet with U.S. stakeholders in that region.
   b.Madrid Protocol Updates. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol) is one of two treaties that comprise the Madrid System for the international registration of trademarks.  The Protocol is a filing treaty, not a substantive harmonization treaty. It is a cost-effective and highly efficient way for trademark owners to protect their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees in a single currency. It eliminates the need for local counsel to act as agents for filing applications in countries or contracting parties. Once an international registration issues, it then devolves to each country or contracting party to determine whether or not protection is granted in its territory.  However, once granted, the mark is protected there just as if that country or contracting party’s own office had registered it.  The Madrid Protocol greatly simplifies portfolio maintenance for registered marks, by providing a single procedural step to record subsequent changes in ownership, name or address of the holder, as well as greatly simplifying the process for renewing the mark.
    (1)Special Edition of Madrid Highlights. In March 2015 the World Intellectual Property Organization (WIPO) published a Special Edition of its quarterly publication, Madrid Highlights, featuring an article about the USPTO as a designated contracting party to the Protocol.  It has been translated into the six official languages of the United Nations.  The article contains detailed information for filers who seek an extension of protection in the United States about application filing and examination requirements, and tips on how to avoid a provisional refusal. Specific topics included are examination issues commonly seen in Madrid applications, provisional refusals on both absolute and relative grounds and responding to the same, and post-registration requirements. The article provides references to the TMEP so that readers can find additional information on specific topics.  The publication is available on the WIPO website at www.wipo.int/madrid/en/highlights.
    (2)Growth of Madrid Protocol Membership. Cambodia, the African Intellectual Property Organization (OAPI), Zimbabwe and Gambia all joined the Protocol in FY 2015.  Algeria, which had formerly been only a member of the Madrid Agreement, also joined the Protocol, bringing the total number of countries that now participate in the Protocol to ninety-six.
    (3)Madrid Working Group – October 2014. At the Madrid Working Group meeting in October 2014, the Working Group agreed to recommend several amendments to the Common Regulations to be considered by the Madrid Assembly in October 2015. Among the most notable is proposed new Rule 5(3), which would excuse failure by an interested party to meet a time limit for a communication addressed to the International Bureau (IB) and submitted by electronic means if the interested party submits evidence showing to the satisfaction of the IB that the time limit was not met because of a failure in (1) the electronic communication system with the IB or (2) the system which affects the locality of the interested party.
    (4)Status of ProposalreDivision/Merger of the International Registration & Freezing Dependency. Discussions at the Working Group continue regarding a proposal for the introduction of the recordal of Division or Merger concerning an International Registration as well as freezing the 5-year dependency of the basic application/registration. Freezing dependency would allow a U.S. basic application to contain a broad ID that ultimately gets narrowed in examination, but not before it is sent to the IB and issues as an international application.  Most countries supported a trial period of suspension, while some countries favored a trial period but less than five years. WIPO is surveying users on this issue.
   c.The Five Trademark Offices (“TM5”).
     The TM5 is a framework through which five intellectual property offices, namely, the USPTO, the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the Office for Harmonization in the Internal Market (OHIM), and the Trademark Office of the State Administration of Industry and Commerce of the People’s Republic of China (SAIC), exchange information on trademark-related matters and undertake cooperative activities aimed at harmonizing or improving their respective trademark systems and procedures. 
    (1)Annual Meeting of December 3-5, 2014. The last annual meeting of the TM5 was held December 3-5, 2014, in Tokyo, Japan. At that time, the TM5 offices discussed various joint projects, including the “Continuation/Expansion of the Bad Faith Project” and the “ID List Project.” The partners also approved the USPTO’s proposal to conduct a new project called “Indexing of Non-Traditional Trademarks,” in which the partners will share best practices for searching and retrieving non-traditional mark features and work together to develop a common recommended indexing scheme that could be adopted by any interested intellectual property office. As part of the “Common Status Descriptors” project, each of the TM5 offices have agreed to use the same terminology to identify the statuses of trademark applications and registrations with their offices. The partners will work to display these on their publicly facing websites.
    (2)Ongoing Initiatives. The partners are working to select a sample of cases that were filed in all five TM5 offices to be analyzed in a Comparative Analysis of Examination Results Project. Also, the partners have created and are currently completing a standardized method of providing information about the TM5 offices’ requirements for applications that each office receives under the Madrid Protocol.
    (3)Mid-Year Meeting. Most recently, the TM5 partners conducted their mid-term meeting on May 4, 2015, in San Diego, California in conjunction with the International Trademark Association’s Annual Meeting. Sessions for users were held in connection with both the annual and mid-term meetings.
    (4)Trademark ID Search Tool. On January 24, 2015, a dedicated TM5 ID List search tool was posted to the homepage of the TM5 website. This tool allows the public to search a growing list of over 15,000 identifications of goods and services that are pre-approved by all five TM5 offices as acceptable to use in trademark applications with their offices. This tool, as well as more information on the TM5’s activities, may be found on the TM5 website.
    (5)Upcoming Annual Meeting. The TM5 has designated the USPTO to act as the secretariat for the next Annual Meeting, which will take place on December 1-2, 2015, in Alexandria, Virginia. 
   d.Geographical Indications and the Lisbon Agreement Diplomatic Conference. In May 2015, The World Intellectual Property Organization (WIPO) held a diplomatic conference in Geneva, Switzerland to revise the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. Under the Lisbon Agreement as it stood prior to May, a contracting party could register appellations of origin that are recognized and protected in the country of origin, which then precludes use of the appellation in any of the contracting parties.  An appellation of origin is “the geographic denomination of a country, region, or locality, which serves to designate a product origination therein, the quality of characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.” During the diplomatic conference in May, the Lisbon Agreement was revised to change the subject matter covered by the Lisbon registry to include all geographical indications, and not just appellations of origin.
    (1)Treaty Negotiations. Unlike other recent treaty negotiations at WIPO, the diplomatic conference did not permit voting by all WIPO members, but only by the 28 members of the Lisbon Union.  Other countries, including the US, participated as observer delegates, and were permitted to make suggestions, but not to make formal proposals for negotiation.  The US and other countries had argued unsuccessfully that all WIPO members should be permitted to participate and vote, because the outcome of the diplomatic conference, extending protection to all geographical indications, would inevitably impact trade relations between Lisbon Union and non- Lisbon Union parties. Over the objection of the United States and other WIPO Members, namely, Argentina, Australia, Canada, Chile, Japan, New Zealand, Panama, Republic of Korea, Saudi Arabia, Singapore, and Uruguay, the Lisbon Union adopted the Geneva Act which expands the coverage of the Lisbon Agreement to include geographical indications (GIs) and paves the way for the European Union to join the Act.
    (2)Geneva Act of the Lisbon Agreement Inconsistent with US Law. The Geneva Act enshrines a sui generis approach to geographical indications which differs in fundamental respects from a trademark-based system like the US one, which means that many countries will be unable to join it.  For example, it requires too broad a scope of protection, and it continues to shield a registered GI from ever being found to have become generic in a receiving country. This is contrary to the way the WIPO treaties are generally intended to work, as a bridge among different national approaches that enables there to be an overlapping international architecture. Second, the treaty is not self-funding, despite the efforts of the US and other countries to ensure otherwise, meaning that intellectual property owners who take advantage of the Patent Cooperation Treaty and the Madrid System for trademarks may, in fact, contribute to funding the operation of the Lisbon Union.  However, the Geneva Act now makes it clear that contracting party offices can charge an individual fee to pay for the costs of processing the requests for GI protection through the System. While not all contracting parties will take advantage of this flexibility, it eliminates the historical expectation that Lisbon contracting party governments should pay for the protection of another country’s GIs in its territory. Further, the US and other countries were able, through the suggestions made during the conference, to improve the text in some respects. The U.S. and many other countries will continue to work on the issue of GIs, developing future strategies to improve the funding model and to advance discussions at WIPO regarding alternative systems to protect GIs.
    (3)Impact of the Geneva Act. The resulting Geneva Act will significantly affect U.S. exporters in the dairy, meat, wine and other industries because it gives primacy to a list of geographical indications above pre-existing and longstanding uses in the territories of treaty members.  The current Lisbon Agreement Registry includes various names that are commonly used in those industries, e.g., PILSNER and CHAMPAGNE.  The treaty members that put a high premium on GIs as part of their agriculture policy may well pressure other countries to accept their lists of GIs, even if they are in legitimate use by others.  This may make it extremely difficult, if not impossible, to export U.S. products bearing those names into Lisbon Member countries.  The Geneva Act will likely result in 4000 more European GIs added to the Lisbon Registry which will pose additional barriers for U.S. exporters. Although the process and outcome surrounding the Geneva Act were both disappointing, TPAC appreciates the involvement and leadership of the USPTO, and we recognize that the USPTO’s efforts on behalf of trademark owners, even in a difficult circumstance, have made a positive impact. TPAC urges the USPTO to continue to work to minimize the potentially significant negative impacts of this Act.
   e.Belmora LLC v. Bayer Consumer Care AG. The USPTO intervened to defend a TTAB decision in a case that is currently pending before the United States Court of Appeals for the Fourth Circuit, Belmora LLC v. Bayer Consumer Care AG. It filed its opening brief on May 26, 2015, along with the appellant Bayer, and then a reply brief on August 7, 2015, in response to the brief of appellee Belmora, which was filed on July 13, 2015. In summary, the case involves two broad issues.  First, whether the owner of a well-known foreign mark, that is, a mark that is known to US consumers although not used in US commerce, can bring a cancellation for misrepresentation of source under Section 14(3). And second, whether protection for well-known foreign marks is incorporated in Section 43(a) of the Lanham Act. In this case, the foreign mark was FLANAX, which is owned and used by Bayer in Mexico to identify pain relievers. Although Bayer does not use its FLANAX mark in the US, it asserts that its mark enjoys a reputation among US consumers.  Belmora registered and began using the FLANAX mark for analgesics in the US, and Bayer filed a TTAB action seeking cancellation of Belmora’s FLANAX registration under Section 14(3) of the Lanham Act, on the ground that Belmora is using the FLANAX mark to misrepresent the source of its goods as emanating from the same source as Bayer’s FLANAX goods in Mexico. The TTAB granted the cancellation petition and Belmora sought review of that decision in the district court. Bayer then joined claims under 43(a) of the Lanham Act, seeking to enjoin Belmora’s use of the FLANAX mark. The district court dismissed Bayer’s unfair competition and false advertising claims under Section 43(a), holding that because Bayer had not alleged prior use of its FLANAX mark in the US it had no standing. The district court further held that the TTAB had erred in not dismissing Bayer’s misrepresentation of source ground under Section 14(3) for the same reason. Bayer appealed the district court’s decision, and the USPTO intervened in the appeal to defend the TTAB’s decision to cancel Belmora’s registration, as well as to express its views on how Congress has implemented the U.S.’s commitments regarding protection of well-known marks under Article 6bis of the Paris Convention for the Protection of Intellectual Property. In particular, the USPTO argued that a plaintiff need not own a mark registered or used in the U.S. to maintain a claim for false advertising under Section 43(a)(1)(B), a claim for false association under Section 43(a)(1)(A), or a petition to cancel a registration based on misrepresentation of source under Section 14(3). Rather, Bayer’s allegations that its FLANAX mark is well-known among relevant consumers in the U.S., and that Belmora was using the mark to pass off and misrepresent the source of its goods, are sufficient to confer standing and state claims under those provisions of the Lanham Act. TPAC applauds the USPTO’s efforts to intervene to address these important international issues.
 B.

IT and E-Government Issues.

  1.Trademarks Next Generation (“TMNG”).
   

In 2009, the Director of the USPTO proposed a project called Trademarks Next Generation (TMNG), intended to offer additional e-government capabilities to customers of the Office. Since 2011, the Office of the Chief Information Officer (OCIO) has been working on, among other information-technology (IT) projects, the planning, development, testing, and implementation of TMNG. The intent of the TMNG initiative is for the trademark operation of the USPTO to function as an advanced, cloud-based system that will allow end-to-end electronic processing of trademark applications, including appeals to the TTAB of refusals to register, and trademark registration maintenance, both for USPTO Examining Attorneys and support staff and for trademark owners and practitioners. TMNG will replace—and with respect to certain, select functionality has already begun to replace—the patchwork of legacy trademark application forms and databases that are, in some cases, intertwined with non-trademark IT resources, operate on relatively old and therefore outdated software environments, and pose considerable challenges in terms of efficiency, maintenance, support and reliability.

Although originally envisioned as a more limited set of new features and capabilities for external users that was to be delivered in an 18-month window, the broader scope and definition of TMNG has led to a multi-year development effort to integrate all trademark IT capabilities into a single environment. Commensurate with the scope of this project, the development of TMNG has been divided into four interlinked phases that overlap from fiscal year to fiscal year:

FY 2011-FY 2014. The “TMNG” Phase. This phase focused on the design and development of capabilities for Examining Attorneys and on building the TMNG infrastructure and framework.

FY 2015-FY 2017. The “TMNG-2” Phase. This follow-on phase is initially focusing on completing the development and deployment of capabilities for Examining Attorneys, in particular the comprehensive “Examiner Tool” for examining trademark applications, conducting the research required for such examination, and preparing Office Actions. Once that task has been completed—perhaps during the first half of FY 2016—the focus will shift to developing and delivering non-examination functions.

FY 2013-FY 2016. The “TMNG External” Phase. This phase, separate from but related to the TMNG and TMNG-2 Phases, focuses on developing capabilities for external users that will be built on the same platform and database used by Examining Attorneys. Examples of TMNG developments for external users include the Electronic Official Gazette (eOG), the ID Manual of Acceptable Goods and Services (IDM), and eFile, the replacement for the Trademark Electronic Filing System (TEAS) and ESTTA.

FY 2017. The “Trademark Trial and Appeal Board” (“TTAB”) Phase. This phase, also separate from but related to the TMNG and TMNG-2 Phases, will focus on designing and developing TTAB-related capabilities for internal and external users that will replace the separate systems currently utilized by the TTAB.

This year, TPAC has had the opportunity to view two demonstrations of the Examiner Tool, which is under development. As TPAC members noted during both of those demonstrations, the Examiner Tool appears to be a comprehensive, robust, user-friendly application that will enable Examining Attorneys to perform their duties more effectively and efficiently. The Tool is to enter beta testing in the first quarter of 2016, and rollout to the Office will commence in the second quarter of FY 2016. TPAC will continue to monitor the progress of this testing, and we look forward to receiving a report on the reactions and recommendations of Examining Attorneys.

Concerning the TMNG External Phase, TPAC understands that the TMNG-2 Phase, with its focus on implementing TMNG for internal users first, needed to take priority over the TMNG External Phase. TPAC concurs with this approach. In addition, TPAC notes with approval the development and implementation of the eOG and the OCIO’s plans to complete the development and release of both IDM and eFile. Members of TPAC, however, were surprised and concerned to learn that, after six years of TMNG projects, OCIO has not yet developed a plan, or at least not a comprehensive and essentially firm plan, for what the TMNG interface portal will look like or how it will function for external users. OCIO does have some interesting preliminary ideas for that portal, which OCIO is calling “MyUSPTO.” Members of the TPAC IT Subcommittee had the opportunity to review an early version of “MyUSPTO” at our September subcommittee meeting, and were pleased with the flexibility of this interface. TPAC strongly encourages OCIO to work with external users to develop this interface and to seek input from a broad range of customers. TPAC is also concerned that progress on TMNG, including the interface for external trademark customers, should not be slowed down by linking this process to “office-wide” initiatives, like MyUSPTO, that may not have sufficient funding or that might not be as high a priority for patent stakeholders.

With regard to the TTAB Phase, TPAC is concerned that a single fiscal year may not be enough time to plan, design, develop, and implement all desired TTAB-related capabilities for internal and external users, especially if, as the history of TMNG development suggests is certainly possible, the schedules for the TMNG-2 and TMNG External Phases slip. TPAC recommends that, notwithstanding its fiscal and human resource constraints, OCIO at least begin planning those capabilities no later than early in FY 2016.

  2.Staffing and Hiring.
   

In the middle of FY 2015, OCIO had approximately 450 employees and 700 contractors. At that time, OCIO had approximately 160 job vacancies, some at a high level. OCIO has reported that this relatively high number of unfilled vacancies—which apparently still persists—has made it difficult for OCIO to develop and implement TMNG (and work on the OCIO’s many other projects) as quickly as OCIO, not to mention internal and external stakeholders, would like.

OCIO has apparently made some outreach efforts to fill those vacancies, including aggressively advertising the positions and actively recruiting veterans of the U.S. Armed Forces with IT experience. TPAC commends those outreach efforts, in particular the recruitment of military veterans, and strongly recommends that they continue. Also, TPAC understands that the differences between government compensation and hiring practices and those of the private sector create a challenge for filling government vacancies.

However, a personnel shortfall of approximately 26 percent obviously has a very significant negative impact on OCIO’s ability to perform its assigned tasks. To the extent that OCIO or the USPTO at large can do anything further to fill some of these job vacancies, TPAC urges that it be done. Moreover, although an increased reliance on external contractors, which already occurs at a high rate, may not be the ideal long-term solution (and given fiscal constraints, might not be possible), TPAC recommends that OCIO at least explore the option of pursuing additional contract work in order to ensure completion of TMNG within currently projected timeframes.

  3.Budget Planning and Tracking.
   

The following figures show the projected total investment (spent and obligated to spend) of Trademark User Fees in the phases of TMNG, as of March 31, 2015:

 TMNG Phase$67,741,000
 TMNG-2 Phase$71,689,000
 TMNG External Phase$21,392,000
 TTAB PhaseNot yet determined
 Total$160,822,000

Given the significant investment of Trademark User Fees in TMNG, TPAC worked this year with OCIO and with OCFO to more closely monitor spending and progress on TMNG initiatives. TPAC appreciates that cooperation of OCIO and OCFO in this effort, which has proven very helpful to our Committee, and we plan to continue to more closely monitor the ongoing investment of Trademark User Fees in this project. TPAC encourages external stakeholders, including IP associations and corporations, to also focus on what has become a significant ongoing investment of Trademark User Fees and to help ensure timely delivery of IT capabilities that support the needs of the trademark community.

  4.Agile Approach to Software Development (Advantages and Disadvantages).
   

OCIO has adopted and is now using the “Agile” approach to software development, which has replaced the more traditional “Waterfall” approach previously employed by OCIO. The Waterfall approach focused on a master software plan designed to address comprehensive system requirements and having predetermined goals, or “milestones,” for completion of various phases of the master plan. Although some portions of the software system—“deliverables”—might be produced, tested, and implemented incrementally, the system as a whole could not be put into place until the last milestone was reached. Waterfall development required elaborate documentation, focused on single implementation of an entire system, and was resistant to changes in specification along the way, which, depending on their nature and timing, could increase project cost significantly.

By contrast, the Agile approach focuses on the incremental and, ideally, rapid development, testing, and implementation of small pieces of an intended whole, the features and functionality of which are not predetermined but rather evolve over time with customer input. Not only is it more accepting of change (and therefore generally less expensive) than the Waterfall approach, the Agile approach is actually driven by the changes and new features and functionality that customers request as they work with the portions of the evolving system that have already been delivered, tested, and implemented.

The Agile approach uses “scrum masters” who conduct daily standup meetings of the small project teams under their supervision, and who oversee the “sprints” of software development that the teams perform. That development is intended to respond to input from customers—collectively, the “product owner”—who define desired system features, determine system priorities, and are able to change those requirements at the start of every sprint.

The Agile approach offers several obvious advantages, and TPAC understands why OCIO has embraced it. We note, however, that in the context of TMNG development, the Agile approach also carries some disadvantages for external stakeholders—who are or at least should be part of the “product owner.” First, given that Agile development is not based on a master plan, external stakeholders have no way of knowing what features and functionality TMNG will have when it is fully and finally implemented. Second, external stakeholders have no way of knowing what input to TMNG internal stakeholders have provided or will provide under the Agile approach and therefore no way of addressing the potential impact to them of system changes made in response to that input. Third, external stakeholders have only a very limited ability to provide their own input regarding the portions of TMNG to which they now have access—i.e., the recent changes in the features and functionality of the Trademark Electronic Search System, the Trademark Electronic Application System, and other functionalities of the USPTO website.

As a result, although the Agile approach may be beneficial to OCIO and to internal stakeholders, the benefits to external stakeholders are less clear at this point in time. TPAC does not recommend that OCIO go back to the Waterfall approach, but we do urge OCIO to be mindful of the need to keep external, as well as internal, stakeholders apprised of plans for and progress on TMNG, as well as considering how changes recommended by a small project team might later impact other users of the system. TPAC recommends that OCIO provide information to external users via a “TMNG Update” icon on the Trademarks page of the USPTO website (http://www.uspto.gov/trademark), which would lead interested readers to a landing page providing regular updates about OCIO’s recent accomplishments with respect to TMNG and its public plans for short-term and longer-term development of the system. That page could also include a link to OCIO’s briefing slides from the most recent TPAC meeting and provide an additional forum for external users to submit suggestions and recommendations.

  5.Accomplishments in FY 2015.
   

The OCIO reports that it made the following trademark-related accomplishments in FY 2015. As the headings indicate, some of these accomplishments relate to TMNG and others relate to legacy systems.

   a.TMNG Internal Accomplishments.
    

Continued to develop electronic workflow for trademark Examining Attorneys:

Developed Approval for Publication and other Office Action capabilities;
Migrated all documents, except for TTAB documents, from legacy systems, comprising 200+ million documents and 5+ million images;
Began synchronizing legacy mainframe with TMNG; and
Planned for deployment of TMNG Examiner Tool to beta users for testing beginning in September 2015.
    

Initiated work on non-Examining Attorney capabilities:

Developed workflow for international trademark applications (Madrid System); and
Defined workflow for Petitions to the Director of the USPTO.
   b.TMNG External Accomplishments.
    

TMNG Electronic Official Gazette (TM eOG):

TM eOG makes it easier for consumers of data published in the USPTO’s Trademark Official Gazette to review the content and search for items of interest and provides individual users with the ability to download only those cases of interest rather than the whole publication.
Two releases of enhanced capabilities, based on customer feedback, were deployed in FY 2015.
    

TMNG ID Manual (IDM):

TMNG IDM provides an editable and searchable version of the identifications of goods and services and their respective classifications.
A beta version of TMNG-IDM was deployed in early FY 2015.
Two releases of enhanced capabilities, based on customer feedback, were deployed in FY 2015.
    

TMNG eFile:

Focusing on development of updated smart filing forms with wizards; and
Developed initial eFile capabilities related to attorney forms.
   c.Trademark Legacy Systems Accomplishments.
    

Trademark Electronic Application System (TEAS):

Implemented TEAS RF capabilities; and
Deployed two releases based on customer feedback, including increasing the size limit for each attachment to 30 MB.
    

Legacy Content Management Migration (LCMM):

Developing ability to view same content in both legacy and TMNG applications.
    

Madrid Processing System:

Deployed processing stabilization and notification enhancements for Madrid System.
    

The OCIO reports that it plans to work on the following projects in the near term.

    

TMNG Internal Projects:

Deploy TMNG examination capabilities to Trademark Law Offices;
Develop and deploy TMNG capabilities for Madrid System; and
Define, develop, and deploy capability to process Petitions to the Director of the USPTO.
    

TMNG External Projects:

Develop and deploy smart forms for filing domestic and international applications and related documents.
    

Legacy Systems Projects:

Develop and deploy enhancements to the Trademark Trial and Appeal Board Information System (TTABIS), the TTAB’s internal electronic docket, seen by external users as TTABVUE; and
Began developing enhancements to the Electronic System for Trademark Trials and Appeals (ESTTA).
  6.Timeline for Completion.
   

Although the USPTO’s initial goal was to develop and implement TMNG within 18 months, both internal and external stakeholders recognized at the time that such a goal was most likely unrealistic and more of a call to action than an actual proposed timeline. OCIO recently estimated that TMNG will be fully implemented by the end of FY 2017—i.e., September 30, 2017. Since that estimate, however, TPAC is aware that USPTO has reduced its agency-wide budget and that OCIO is re-evaluating projects for 2016 and 2017. We therefore anticipate further delays in the implementation of all TMNG capabilities.

TPAC, along with most trademark system users, would have liked to have seen TMNG implemented sooner than the eight years that will have gone into its development by the end of FY 2017. A variety of factors have contributed to the time required for TMNG development and implementation, such as the difficulties posed by working to replace relatively old and poorly documented software while still having to maintain and operate that software, the complexity of the proposed cloud-based system, evolving and constantly changing specifications for functionality presented by Examining Attorneys and, to a lesser extent, external stakeholders, the limitations of fiscal and human resources, and competing demands from elsewhere within the USPTO, to name a few.

Some of those factors continue to exist today and thereby still affect and to some degree impede OCIO’s efforts to complete TMNG initiatives. Nevertheless, TPAC believes that OCIO should make every reasonable effort—if necessary, to the point of equating “reasonable” with “possible”—to complete TMNG by the end of FY 2017. In TPAC’s view, delaying the full implementation of TMNG beyond that date would be and should be unacceptable.

 C.

Budget and Funding Issues.

  1.Fee Reduction.
   

In January 2015, the USPTO implemented a reduction of certain trademark fees, with the goal of promoting increased use of electronic filing and processing. Through the end of FY 2015, the reductions saved Trademark Applicants and Registrants more than $21 million in fees. The revenue collection is on target with the projections.

The reductions are as follows:

   

Reduced by $50 the fee for applications using regular TEAS applications, if applicant authorizes email communication (a change from $325 to $275 per class)

   

Reduced by $50 the fee for TEAS Plus (a change from $275 to $225 per class), and

   

Reduced by $100 the fee for filing TEAS Renewal of Registration (a change from $400 to $300 per class).

   

TPAC applauds Trademark Operations for its efficiency and its willingness to pass savings on to its customers. The USPTO projects that this fee reduction will result in a decrease in the Trademark Operating Reserve during FY 2015 and FY 2016, and that the Reserve will begin to replenish by FY 2018. TPAC intends to work with Trademark Operations to continue to monitor the impact of this fee reduction on the Trademark Operating Reserve and to ensure that the Reserve remains funded at an appropriate level.

TPAC encourages the Trademark Office to look at other areas within Trademarks and the Trademark Trial and Appeal Board (TTAB) where changes in fees might incentivize efficiency and greater use of electronic filing.

  2.Activity-Based Information Accounting System and Maintenance of Trademark and Patent Fence.
   

Under the Leahy-Smith American Invents Act (AIA) a “fence” was created for both patent and trademark fees to clearly distinguish spending of users fees between the two operations. As stated in previous annual reports, there are only two sources of revenue to support the USPTO:(i) Patent user’s fees, and (ii) Trademark user’s fees. TPAC continues to carefully monitor the percentage allocation of funding to the operation of shared administrative services including the Office of Chief Information Officer, Office of Chief Financial Officer, Office of the Chief Administrative Officer, Office of Policy and International Affairs, Office of General Counsel and the Office of the Director.

As stated in the 2014 Annual Report, the Activity Based Information Accounting (ABI) has been a highly effective tool in Trademarks and in the Trademark Trial and Appeal Board (TTAB) for supporting decisions in management and metrics. As was recommended in previous Annual Reports, TPAC recommends that the ABI model be used to monitor activities in shared support units to better support management decisions and ensure that the fence is honored for both Trademarks and Patents.

In keeping with the support of the fence protecting the use of both patent and trademark user fees, TPAC applauds the establishment of the Financial Advisory Board (FAB) in 2015. The FAB is comprised of representatives from the Patent, Trademark, Chief Information Officer (CIO) and Chief Financial Officer (CFO) organizations. The Chief Financial Officer is the chair and the Commissioners of the Patent and Trademark organizations are co-chairs. The purpose of the FAB is to put discipline and structure around the budget process and determine what initiatives are needed to improve and preserve the IP system. In addition, when Patent or Trademark fees need to be increased or reduced the FAB will make recommendations to the Director in support of the primary goals of the agency. All offices must present their budget justifications to the FAB for review and approval before submission in the final budget. While the formation of the FAB began in the second half of FY 2015, TPAC is encouraged that the Commissioners for Patents and Trademarks will have a stronger voice in budget decisions involving user’s fees. The FAB will also be responsible for ensuring that the Operating Reserve Fund does not fall below its minimum acceptable floor.

It should be noted that direct spending by Trademarks and TTAB remains approximately 44% of collection of revenue and the majority of Trademark related revenues are allocated outside of the control of Trademark Operations. Continued implementation of the ABI Model and the establishment of the FAB will serve as vehicles to monitor the return on investment of Trademark Funds in shared service activities.

  3.Ensuring Full Access to User Fees.
   

Under the America Invents Act, the USPTO was given full use of its user fees with the authority for the establishment of the Patent and Trademark Fee Reserve Fund. Under this provision, any fees collected above the Congressional appropriation would go into Fee Reserve Fund for the sole use of the USPTO. In order to access these funds, the USPTO submits a reprogramming request to Congress for the transfer of funds into its Operating Reserve. In December 2014, the new system was tested and the funds in the amount of $148.2 million including $19.5 million in trademark revenues collected in FY 14 were reprogrammed back to the Patent and Trademark Office. The USPTO has established a policy to maintain an operating reserve with a ceiling equivalent to six months of trademark operating expenses and a minimum floor equivalent to two months of trademark operating expenses.

  4.Office of the Chief Information Officer.
   

In February 2015, the Budget and Finance Subcommittee met with the representatives from the Budget Planning and Finance Office to discuss the significant increase in spending by the Office of the Chief Information Officer for IT projects for Trademarks, especially the progress in Trademark Next Generation (TMNG).

While the Information Technology Subcommittee addresses specific IT matters in its report, the Budget and Finance Committee expressed its concern in the increase in budget for the OCIO.

As a result of the discussions, TPAC Subcommittees are working more closely to monitor the relationship between budget expenditures and completion of discretely prioritized Trademark IT projects by the OCIO. While these monthly reports have provided greater accountability and transparency in specific IT projects, especially TMNG, it is TPAC’s intention to continue to monitor activities to ensure that support organizations deliver projects on time and within budget.

 D.

Trademark Trial and Appeal Board.

  1.Impact of B&B v. Hargis.
   

On March 24, 2015, the United States Supreme Court issued its decision in the closely watched case of B&B Hardware, Inc. v. Hargis Industries, Inc. The Court held that TTAB decisions can have issue-preclusive effect in subsequent district court infringement actions between the same parties, provided the ordinary elements of issue preclusion are met. This decision may have a significant impact on parties’ decisions on whether to litigate a trademark dispute in the TTAB (as opposed to a district court) in the first instance, and the resources and effort parties may devote to the TTAB proceeding. This decision has generated a good deal of discussion and speculation among trademark practitioners and IP associations regarding the potential for changes in the way in which parties pursue inter partes proceedings before the TTAB. Since the B & B decision issued, the TTAB has increased its outreach to stakeholders and the Chief Judge, Deputy Chief Judge and Senior Attorney/TBMP Editor, among others, have appeared at roundtables and numerous CLE programs to discuss the impact of the decision. TPAC encourages the TTAB to continue to seek out and fully consider comments, concerns, and suggestions from the public regarding the potential impact of the B&B Hardware decision on future TTAB cases and procedures.

  2.Performance Statistics.
   

In FY 2015, the TTAB continued its efforts to increase productivity where necessary, and to maintain inventories of cases awaiting final decision as well as cases awaiting decision on contested motions that are sufficient for TTAB staffing but low enough to support pendency goals. TPAC is pleased to note that the TTAB met key performance goals and metrics this year, as detailed below.

   a.Precedential Decisions.
    

TPAC commends the TTAB for issuing 42 precedential decisions in FY 2015, once again meeting its target of 40-45 precedents per year.  Precedential decisions give trademark owners guidance on substantive trademark issues arising in appeal and trial cases, as well as clarification of evidentiary and procedural issues which may arise in TTAB cases. The Board’s precedential decisions issued during FY 2015 addressed a number of important issues, including ownership, disparagement, false suggestion of connection, consent, likelihood of confusion, parody as a defense to a dilution claim, ornamentation, acquired distinctiveness, fraud, laches, concurrent use, and a number of discovery and procedural issues.

   b.Oppositions and Cancellation Proceedings.
    

In FY 2015, there was a 4% decrease in the number of oppositions filed, from 5,509 in FY 2014 to 5,290 in FY 2015. Cancellations increased 2.3%, with 1,763 filed in FY 2015 compared to 1,722 in FY 2014. The decrease in oppositions is likely an aberration, as the four previous fiscal years involved increases. Likewise, cancellations have increased four years in a row. The general trend for all filings at the Board is up.

   c.Pendency and Inventory Goals.
    

In FY 2015, the TTAB continued to set and disclose goals for pendency and measure its performance against those goals, giving both the agency and the public valuable guidance for monitoring the TTAB’s performance and time-frames for tracking cases and decisions. For pendency of final decisions on the merits in FY 2015, the TTAB goal was to decide cases within a 10-12 week range, as measured from the dates the respective cases became ready-for-final decision (RFD). This is an average time frame for all issued non-precedential final decisions in ex parte appeals and inter partes trial cases, with each case captured in the average measured from, as appropriate, the oral hearing date or the submission on brief date, until the decision is issued. The TTAB also set a goal to issue non-precedential decisions on contested motions between 8-9 weeks on average from the RFD date (i.e., the date the motion is fully briefed), with a “reach” goal for the age of the oldest contested motion RFD to be no more than 12 weeks. The TTAB also set inventory control goals for cases awaiting final decisions and awaiting decisions on contested motions. For final decisions, the target inventory range was set at 115-135 cases; and for contested motions, the target inventory range was set at 130-160 cases. The TTAB met or bettered all but one of these goals. Average pendency for decisions on contested motion pendency was a bit above the goal, as discussed below; but the other two goals for motion processing were attained.

TPAC applauds the TTAB for setting objective performance goals and for tracking its progress against those goals. These performance measures assist the Board and the public in setting realistic average-time expectations and monitoring overall workflow and progress on an ongoing basis.

   d.Final Decision and Overall Average Pendency.
    

The average pendency of final decisions (excluding precedential decisions) issued in FY 2015 was 9.7 weeks. This average is slightly above the FY 2014 average of 9.2 weeks, but still better than the target of 10-12 weeks. This also represents a significant decrease from the FY 2012 levels that peaked at 24 weeks. TPAC recognizes that these overall reduced pendency averages for final decisions reflect the TTAB’s hard work and continued focus on productivity and output from the Administrative Trademark Judges (ATJs). The Board’s ATJs, under the leadership of Chief Judge Gerard Rogers, issued a total of 562 final decisions in FY 2015, an increase in production of 4.7%, which helped the Board reduce its total inventory of cases ready for final decision to 112 at year end, better than the target of 115-135 cases.

In FY 2015, the TTAB also tracked average pendency of non-precedential final decisions separately by type of case, with ex parte appeals decided within an average of 9.3 weeks from RFD and inter partes trial cases decided within an average of 11.2 weeks from RFD. Thus, even measured separately, each was within or better than the target of 10-12 weeks.

At the request of TPAC, the TTAB is also now tracking average pendency of precedential decisions, again measured from RFD to the date of the decision. For precedential decisions issued in FY 2015, average pendency was 48.1 weeks for final decisions in inter partes cases (compared to 42.6 weeks in FY 2014), 39.7 weeks for final decisions in ex parte appeals (compared to 28.5 weeks in FY 2014), and 45 weeks for interlocutory orders (compared to 23.7 weeks in FY 2014). While these averages are by necessity higher than those for non-precedential decisions, the Board plans to pay increased attention to process improvements to extract time savings throughout the process of preparing and issuing these precedential decisions.

The average “end to end” or “commencement to completion” pendency of trial cases (i.e., inter partes cases) was161.2 weeks in FY 2015, compared to 165.2 weeks in FY 2014. The median pendency of trial cases was 142 weeks in FY 2015, the same as in FY 2014. The FY 2015 reduction in average pendency is the fourth consecutive year this measure has been reduced.

For ex parte appeals in FY 2015, the average “end to end” processing time was 42.7 weeks, compared to 43.8 weeks in FY 2014. TPAC is pleased that average ex parte appeal pendency levels have been reduced back to FY 2009 and 2010 levels, when average pendency for an ex parte appeal was 44 and 45.5 weeks, respectively. Median pendency for appeals in FY 2015 was 35 weeks, compared to 36 weeks in FY 2014.

   e.Contested Motions.
    

In FY 2015, the TTAB’s average time to issue non-precedential decisions on contested motions was 9.8 weeks, not counting adjustments for reassignments made to maintain even workloads on the Interlocutory Attorneys. The adjusted figure was 9.2 weeks, and was up only slightly compared to the 9 week average in FY 2014. The adjusted figure was only .2 above the target of 8-9 weeks. The age of the oldest contested motion ready for decision at the end of FY 2015 was 12 weeks, compared to 11.9 weeks at the end of FY 2014, so that the Board again met this “reach” goal of having no case with a contested motion older than 12 weeks at year end. The TTAB also met its inventory target, with 159 cases awaiting a decision on one or more contested motions at the end of FY 2015 (compared to 135 cases at the end of FY 2014). Though the year-end inventory was up over the prior year, it was within the goal of 130-160 cases. In addition, the inventory should be reduced in FY2016 as the Board continues to incorporate two new attorneys who joined the Board in mid-year.

TPAC is heartened by the overall positive performance of the TTAB in FY 2015. The TTAB has met most of its goals, and skillfully managed case inventories and decisions issued under the leadership of Chief Judge Gerard Rogers, Deputy Chief Judge Susan Richey, and the valuable contributions from the ATJs, Interlocutory Attorneys, Paralegals, and staff. Further, the supervisor of the Interlocutory Attorneys, Kenneth Solomon, contributed significantly to the overall success of the TTAB’s performance.

   f.Active Inter Partes Proceedings Pending Under “Old Rules.”
    

In November 2007, the TTAB instituted a major rules change that impacted cases filed from that point on. For the last several years, the TTAB has been working to move all the “old rules” cases to final decision. The Board continued to make progress in that regard in FY 2015, as only 48 such proceedings remain on the Board’s docket, with nine of these in the process of being resolved on the merits. There are 39 proceedings commenced prior to November 2007 that are not under the Board’s sole control, because they are suspended for another proceeding, have been remanded to a Trademark Examining Attorney, or have been decided and are in the appeal period or on appeal.

With the nine proceedings that are “on track” toward resolution on the merits, the TTAB has issued interlocutory orders to set schedules for completing discovery, trial or briefing, as necessary. In many cases, TTAB Interlocutory Attorneys and/or ATJs have utilized telephone conferences to discuss the status of “old rules” cases, so as to hasten them toward resolution. Suspension of these cases to accommodate settlement negotiations by the parties is no longer permitted.

While TPAC recognizes that there are some cases over which the TTAB has no ability to control scheduling, such as those suspended because of a court matter, our Committee commends the TTAB for its active management of the remaining “old rules” cases. TPAC, like the TTAB, looks forward to the day when the Board will no longer have to operate under two different sets of rules.

  3.Personnel.
   

The TTAB currently has 23 ATJs, 13 full-time and one part-time Interlocutory Attorneys, and 11 paralegals. New ATJs hired in FY 2015 were Cheryl Goodman (former TTAB Interlocutory Attorney), Cynthia Lynch (former USPTO Administrator for Trademark Policy and Procedure), and David Heasley (an experienced trademark litigator). In April 2015, Mike Webster and Jeff McNutt were hired as Interlocutory Attorneys. TPAC would like to congratulate and welcome these individuals to their new roles at the TTAB.

In FY 2015 (as in previous years) the Board continued to utilize law students as summer externs to work on large record cases in both contested and uncontested matters, and on various other research projects.

It is clear that the use of detailees and summer externs has helped the TTAB manage caseloads more efficiently. TPAC supports the TTAB as it continues to consider future details, work projects, and law student programs to assist with management of workload, particularly on cases with large records. These programs not only benefit the TTAB, but also provide valuable exposure and experience for Examining Attorneys and for students.

  4.Process/Procedures.
   a.Stakeholder Outreach.
    

ESTTA Users Forum. On January 29, 2015, the TTAB hosted an external stakeholder forum to discuss issues relating to the Electronic System for Trademark Trials and Appeals (ESTTA). Issues discussed included difficulties encountered with attachments to filings, both in terms of pre-filing review and resolution of images in TTABVUE following submission; expansion of the list of grounds on the ESTTA cover page when initiating opposition and cancellation proceedings; modification of the consent motion form to allow filers to control resetting of dates that have not yet lapsed; and implementation of a “saved” feature to allow more than one author to contribute to the filing before submission. The TTAB is planning a number of enhancements to ESTTA and TTABVUE in light of these discussions, and has worked with CIO staff to identify the necessary system improvements. Plans are to have the improvements deployed in FY2016.

Roundtable on Evolving TTAB Processes. On February 19, 2015, the TTAB held a roundtable with user groups to discuss a number of topics and possible changes to TTAB processes and procedures, including increased use of email service and electronic communication from the Board, restrictions on extensions of time to oppose, changes to the Board’s Standard Protective Order, changes to discovery rules, submission of testimony by affidavits/declarations with live cross-examination, permitting submission of produced documents by Notice of Reliance, judicial notice of USPTO records, limits on extensions/suspensions for settlement negotiations, conferences with the Board on motions for summary judgment/partial summary judgment, retrieval of documents after termination of trial cases, non-use expungement proceedings, eliminating interferences, reconsideration and remands of ex parte appeals. Representatives from a number of organizations participated in the roundtable, including ABA-IPL Section, ACC, AIPLA, INTA, and IPO. The Board is considering a number of changes to its procedures and processes in light of these discussions, and TPAC looks forward to reviewing and advising the TTAB on any proposed changes.

As the discussion above demonstrates, the Board continues to actively seek input from its customers and seeks to implement changes based on that input. TPAC commends the TTAB for its responsiveness and for its willingness to include stakeholders whenever considering new changes.

   b.Trademark Trial and Appeal Board Manual of Procedure (TBMP).
    

TPAC consistently encourages the TTAB to revise and update the TBMP on at least an annual basis. The TTAB has been doing so for the past several years. Keeping the TBMP up to date through consecutive annual revisions is critical for the TTAB and for those who practice before it. In FY 2015, the TTAB launched the TBMP in RDMS format, which will make the TBMP easier for users to search electronically and will allow for ongoing collection of stakeholder feedback and suggestions. TPAC applauds this enhancement and appreciates the ongoing efforts of the TTAB to provide stakeholders with an up-to-date resource.

   c.Accelerated Case Resolution (ACR).
    

The TTAB continues in FY 2015 to advocate that parties adopt ACR. Cases in which the parties agree to ACR show that the procedure has the potential to significantly improve the speed at which a matter is resolved, thus reducing costs associated with the proceeding. Because ACR can be adopted by the parties at any time during the pendency of a case, the statistics on ACR do not always reflect the potential efficiencies that can be realized through the use of ACR. Some parties only agree to a form of ACR after significant investment of time and resources in discovery and motion practice. It is clear, however, that even when parties stipulate to ACR–type procedures later in a proceeding, they still realize significant resource-saving benefits.

In FY 2014, for example, the average end-to-end pendency for an ACR case was 136.3 weeks, about 17.5% lower overall than a case employing standard discovery and trial methods. Similarly, in FY 2015, average ACR commencement to completion pendency was 138.6 weeks, about 14% lower overall compared to the traditional trial schedule cases.

The TTAB has also committed to accelerate the issuance of final decisions in ACR cases. For example, if parties agree to use the bench trial or cross-motions for summary judgment model for ACR and the Board approves the trial of the case by ACR, the Board generally will render a final decision within 50 days following completion of the briefing (compared to the overall 10-12 week target for pendency of non-precedential final decisions). See TBMP 702.04(a).

The TTAB web site provides detailed information and representative case listings concerning ACR, which is regularly updated. The web site also includes “plug and play” options, including one set suggested by American Intellectual Property Law Association (AIPLA), and another set of possible approaches proposed by the TTAB. The parties to a TTAB proceeding may opt to follow the “plug and play” options, or agree to pursue other ACR-type procedures by filing a stipulation with TTAB approval. The TTAB also actively seeks public suggestions on ACR with its dedicated mailbox for ACR:ACRsuggestions@uspto.gov.

For example, in some cases, the parties have stipulated that the briefs and evidence filed in conjunction with a summary judgment motion can be used as the trial record and briefs, thereby presenting the case for final decision on the merits without the need for traditional trial and briefing. This approach requires the parties to expressly stipulate that the Board can resolve any issues of material fact not stipulated to by the parties or which may have been overlooked or unforeseen by the parties. Another common approach to ACR involves the parties agreeing upon alternatives to traditional discovery, trial and briefing. Indeed, a key benefit of ACR is that it is very flexible and the parties can design an approach that meets the needs of their case.

Notwithstanding these offerings by the Board, a lack of awareness of ACR among practitioners remains a major hurdle to the broader adoption of ACR. To that end, the TTAB continues to promote ACR with information on the TTAB web site, and through presentations at major IP events, articles, webinars, and other public outreach methods.

The TTAB’s efforts to promote ACR are showing signs of success, as the use of ACR by litigants appears to be trending upwards. In FY 2014, there were 21 cases decided on the merits following use of some form of ACR, representing an increase of 133% over the previous high of 9 such cases. In FY 2015, this number fell to 10 cases, but another six had been submitted for decision near the end of the fiscal year and were in the process of being decided at year end. Despite the decrease, the interest in ACR still is well above 2012-13 levels.

TPAC encourages intellectual property associations, Continuing Legal Education (CLE) providers and others to assist in making practitioners more aware of the availability of ACR options in proceedings before the TTAB and in discussing the significant benefits available through the use of ACR. 

As in our report last year, TPAC continues to encourage the TTAB to consider appropriate action in FY 2015, such as proposed rule-making, to memorialize the ACR procedures as the preferred and most efficient schedule for cases before the tribunal.

   d.Dashboard.
    

In FY 2013, the TTAB introduced a new Dashboard, to provide users with easy-to-understand visuals showing important TTAB statistics, which is now part of the USPTO Data Visualization Center. The TTAB Dashboard is available to the public and open for public use and comment at TTABdashboards@uspto.gov.

The Dashboard reports on a quarterly basis statistics on pendency measures, new filings, and inventory of cases and motions at the TTAB. As discussed above, the TTAB’s decision to set measurable performance goals has made it much easier both for the public and for the Board to track progress. The Dashboard provides a useful visual tool to facilitate such tracking.

   e.Standard Protective Order.
    

The TTAB is considering a number of changes to its Standard Protective Order, including: (1) specifically stating in the Order that it is automatically imposed in all inter partes cases, subject to any changes agreed to by the parties and approved by the Board; (2) encouraging parties to sign the Order to create a binding contract enforceable after termination of the TTAB proceeding; (3) reducing the tiers of protection from three to two; (4) addressing the presence of confidential information in electronically stored information; and (5) handling of confidential information after termination of the proceeding. TPAC provided comments and suggestions regarding the proposed new version of the Standard Protective Order in June 2015. The TTAB is also soliciting public input regarding the new version on its IdeaScale® webpage (see http://uspto-tbmp.ideascale.com).

   f.ESTTA Opposition/Cancellation Cover Sheet.
    

The TTAB is working on changes to the online cover sheets listing the grounds for opposition or cancellation when filing an inter partes action through ESTTA. The goal is to list most available grounds so that parties can easily identify and check off the ground(s) being relied upon when filing an action. TPAC provided comments in June 2015.

   g.Other Enhancements to ESTTA and TTABVUE.
    

Because the Board is considering a package of Rule changes, it is likely that at least some changes or enhancements of these legacy applications will be needed, possibly in FY2016, to accommodate the changes.

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Disclaimer
 Disclaimer 7,158,280 B2 - Torbjörn Sandström, Pixbo (SE). METHODS AND SYSTEMS FOR IMPROVED BOUNDARY CONTRAST. Patent dated January 2, 2007. Disclaimer filed May 8, 2015, by the assignee, Micronic Laser Systems AB. Hereby disclaim complete claims 1-15 of said patent. 
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Errata
 Errata "All references to Patent No. D. 742,659 to YAMADA, KIKUO of TOKYO for HOLDER FOR TISSUE PACKAGING CONTAINER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. D. 743,002 to SHISHIDO, KENJI of ADACHI-KU, JAPAN for PORTION OF FLOW CONTROL VALVE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,179,939 to LUTZ BIEDERMANN of VS-Villingen, DE for RECEIVING PART FOR RECEIVING A ROD FOR COUPLING THE ROD TO A BONE ANCHORING ELEMENT appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,179,949 to HAIDUKEWYCH, GEORGE J.et al of TAMPA, FLORIDA for INTRAMEDULLARY NAIL WITH LOCKING KEY appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,092 to CHONG, ALEXANDER CHINHAK et al of ST. LOUIS PARK, MINNESOTA for VAPORIZED MEDICANTS AND METHODS OF USE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,190 to AN, BYEONGIL et al of TOKYO, JAPAN for ELECTRIC SUPERCHARGING DEVICE AND MULTI-STAGE SUPERCHARGING SYSTEM appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,234 to MANFRED GOLLNER of Berlin, DE for CONNECTING ELEMENT FOR MOUNTING A BLOOD PUMP OR A CANNULA ON A HEART appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,468 to KATOU, HIROO et al of KITANAGOYA-SHI, JAPAN for BUBBLE GENERATING MECHANISM AND SHOWERHEAD WITH BUBBLE GENERATING MECHANISM appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,580 to HACK, TIMOTHY L. of MORGANTOWN, KENTUCKY for SOCKET APPARATUS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,664 to JANNICK MICHALLON of Saint Peray, FR for PRINTING AN AUTHENTICATION PATTERN WITH MULTI-DEFLECTION CONTINUOUS INKJET PRINTER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,693 to ANDERSON, TIMOTHY T. et al of ANTIOCH, ILLINOIS for MEDIA PROCESSING DEVICE WITH ENHANCED MEDIA AND RIBBON LOADING AND UNLOADING FEATURES appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,180,879 to KIYOKAMI, HIROAKI of TOYOTA-SHI, JAPAN for HYBRID VEHICLE DRIVE CONTROLLER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,096 to SHIRO TSUBOKURA of Takaoka-shi, JP for PROCESS FOR PRODUCTION OF FLUOROSULFONYLIMIDE AMMONIUM SALT appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." 
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 "All references to Patent No. 9,181,118 to HIROYASU DOI of Tokyo, JP for TREATMENT AGENT FOR SALT-CONTAINING ORGANIC WASTE LIQUID, SALT CONCENTRATION-REDUCING AGENT, TREATMENT METHOD FOR SALT-CONTAINING ORGANIC WASTE LIQUID, AND ENTRAPMENT IMMOBILIZATION CARRIER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,171 to MIYUKI HORIGUCHI of Kamakura, JP for METHOD FOR PRODUCING LACTATE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,228 to KOICHI SHINHAMA of Osaka-shi, JP for METHOD FOR PRODUCING BENZO[B]THIOPHENE COMPOUND appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,267 to HASUMI, KEIJI et al. of INAGI-SHI, JAPAN for CHROMAN DERIVATIVE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,324 to MEEMS, HENRIET et al. of AMSTERDAM, NETHERLANDS for FACTOR VIII VARIANTS HAVING A DECREASED CELLULAR UPTAKE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,335 to LAZAR, GREGORY et al. of INDIANAPOLIS, INDIANA for OPTIMIZED FC VARIANTS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,485 to DAI SEUNG CHOI of Daejeon, KR for POLYMERIZABLE LIQUID CRYSTAL COMPOUND, POLYMERIZABLE LIQUID CRYSTAL COMPOSITION, AND OPTICALLY ANISOTROPIC BODY appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,576 to REARDON, KENNETH F. of FORT COLLINS COLORADO for BIOSENSING SYSTEM WITH EXTENDED LIFETIME VIA COFACTOR RECYCLING appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,181,645 to NATHAN CRARY of Portland, OR for NATURAL WOOL PILE FABRIC AND METHOD FOR MAKING WOOL PILE FABRIC appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,182,178 to BENOIT WATREMETZ of Merindol, FR for REGENERATOR appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,182,215 to KATSUNORI SUZUKI of Hamamatsu-Shi, JP for FLEXIBLE STRAINED SENSOR WITH PROTECTIVE COATING appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,182,301 to TOSHIYUKI KAMIYA of Fujimi, JP for SENSOR DEVICE, SENSOR MODULE, ROBOT AND METHOD OF MANUFACTURING SENSOR DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,182,386 to VOLKMAR SCHOLLHORN of Albstadt, DE for ELISPOT METHOD HAVING TWO FILTER SYSTEMS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." 
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 "All references to Patent No. 9,183,442 to PRASANNA THIRUMALESHWARA of Kasargod, IN for SUPPORT VECTOR MACHINE BASED OBJECT DETECTION SYSTEM AND ASSOCIATED METHOD appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,183,455 to SATOSHI KIRA of Kyoto, JP for INFORMATION PROCESSING APPARATUS, STORAGE MEDIUM, INFORMATION PROCESSING METHOD AND INFORMATION PROCESSING SYSTEM FOR PRESENTING IMAGE CANDIDATES HAVING SIMILARITY TO AN IMAGED IMAGE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,183,750 to CHRISTOPHER FISHER of Simi Valley, CA for DEEP STALL AIRCRAFT LANDING appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,183,758 to STEPHEN WHITLOW of St. Louis Park, MN for ALERT GENERATION AND RELATED AIRCRAFT OPERATING METHODS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,183,868 to HIDEO SAKAI of Shinjuku-ku, JP for METHOD OF MANUFACTURING A GLASS SUBSTRATE FOR A MAGNETIC DISK AND METHOD OF MANUFACTURING A MAGNETIC DISK appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,002 to TADAHIRO YOSHIDA of Tokyo, JP for GAS INSULATED SWITCHGEAR appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,049 to MICHAEL CARROLL of Jamestown, NC for PATTERNED SILICON-ON-PLASTIC (SOP) TECHNOLOGY AND METHODS OF MANUFACTURING THE SAME appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,239 to KOGA, MASAKI of YOKOHAMA-SHI, JAPAN for SPARK IGNITION INTERNAL COMBUSTION ENGINE AND CONTROL METHOD OF SPARK IGNITION INTERNAL COMBUSTION ENGINE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,249 to SHUNPEI YAMAZAKI of Setagaya, JP for SEMICONDUCTOR DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,262 to TOSHINARI SASAKI of Atsugi, JP for METHOD FOR MANUFACTURING SEMICONDUCTOR DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,279 to ANTON MAUDER of Kolbermoor, DE for SEMICONDUCTOR DEVICE INCLUDING A TRENCH IN A SEMICONDUCTOR SUBSTRATE AND METHOD OF MANUFACTURING A SEMICONDUCTOR DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,303 to TATSUYOSHI MIHARA of Kanagawa, JP for METHOD FOR MANUFACTURING A SEMICONDUCTOR DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,359 to KAORU HATANO of Atsugi, JP for LIGHT-EMITTING DEVICE AND ELECTRONIC DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was 
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 granted." "All references to Patent No. 9,184,389 to KEN YOSHIMURA of Tsukuba-shi, JP for MACROMOLECULAR COMPOUND appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,423 to DAVID BRADWELL of Boston, MA for ELECTROCHEMICAL ENERGY STORAGE DEVICES appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,596 to TETSUYA NISHIYAMA of Tokyo, JP for WIRELESS POWER RECEIVER, WIRELESS POWER TRANSMISSION SYSTEM, AND POWER CONTROLLER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,617 to YEON-SUNG JUNG of Yongin-si, KR for COMMUNICATION METHOD, COMMUNICATION SYSTEM, AND ENERGY STORAGE SYSTEM INCLUDING THE SAME appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,724 to CHUL KIM of Hwaseong-si, KR for BULK ACOUSTIC WAVE RESONATOR appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,788 to JERRY WANG of Bethlehem, PA for METHOD AND APPARATUS FOR DETERMINING UPLINK NOISE POWER IN A WIRELESS COMMUNICATION SYSTEM appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,184,812 to BRENDAN MCWILLIAMS of Newbury, GB for METHOD AND SYSTEM FOR ENHANCED TRANSMISSION IN MOBILE COMMUNICATION NETWORKS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,037 to PRANJAL DUTTA of MOUNTAIN VIEW, CA for SYSTEM AND METHOD FOR DATA PLANE FATE SEPARATION OF LABEL DISTRIBUTION PROTOCOL (LDP) LABEL SWITCHED PATHS (LSPS) appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,157 to DAVID ARSENAULT of Reston, VA for PROCESSING BROWSER REQUESTS TO PROVIDE MULTIPLE PORTIONS OF CONTENT HAVING A CONSISTENT APPEARANCE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,190 to KYUNG-MO PARK of Seoul, KR for METHOD AND APPARATUS FOR TRANSMITTING A MULTIMEDIA DATA PACKET appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,330 to TSUTOMU KURIHARA of Tokyo, JP for LASER DRIVING CIRCUIT, LASER DRIVING METHOD, PROJECTOR APPARATUS AND APPARATUS WHICH USES LASER LIGHT appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,354 to PETER VENETIANER of McLean, VA for SYSTEM AND METHOD FOR HOME HEALTH CARE MONITORING appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,415 to SACHIN DESHPANDE of Camas, WA for REFERENCE PICTURE SET SIGNALING AND RESTRICTION ON AN ELECTRONIC DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 115 

 "All references to Patent No. 9,185,416 to OH, SOO MI et al of SEONGNAM, KOREA, REPUBLIC OF for IMAGE ENCODING APPARATUS appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,482 to TOMOHIRO MATSUO of SAITAMA-KEN, JP for EARPHONE DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,574 to STEVEN BATHICHE of Kirkland, WA for BINDING OF AN APPARATUS TO A COMPUTING DEVICE appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,615 to TAKAYUKI KONDO of Tokyo, JP for WIRELESS COMMUNICATION SYSTEM, WIRELESS COMMUNICATION METHOD, MOBILE STATION AND BASE STATION, AND CONTROL METHOD AND COMPUTER READABLE MEDIUM THEREFOR FOR DETERMINING NEIGHBOR CELLS OF CELL CORRESPONDING TO MOBILE STATION POSITION appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." "All references to Patent No. 9,185,832 to KINYA NAKATSU of Hitachi-shi, JP for POWER CONVERTER appearing in the Official Gazette of November 10, 2015 should be deleted since no patent was granted." 
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 116 

Erratum
 Erratum In the notice of Certificate of Correction appearing in the Official Gazette of November 10, 2015, delete all reference to the certificate of correction, issued on October 20, 2015, for Patent No. 7,728,038. The request for certificate of correction to correct the government rights statement was already issued. The Certificate of Correction which issued on October 20, 2015 for 7,728,038 was published in error and should not have been issued for this patent. Erratum In the notice of Certificate of Correction appearing in the Official Gazette of November 10, 2015, delete all reference to the certificate of correction, issued on October 20, 2015, for Patent No. 8,974,569. There was no petition under 3.81(b) filed and granted by the Office of Petitions. The Certificate of Correction which issued on October 20, 2015 was published in error and should not have been issued for this patent. Erratum In the notice of Certificate of Correction appearing in November 10, 2015, delete all reference to Patent No. 7,101,388, issue of October 20, 2015. Petition to accept an unintentionally delayed priority claim under 35 U.S.C. § 120 was dismissed by the Office of Petitions. The certificate of correction was published in error and should not have been issued for this patent. 
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 117 

Certificates of Correction
 Certificates of Correction for November 17, 2015 5,699,054 8,869,908 8,975,599 9,045,377 7,001,735 8,870,297 8,977,629 9,046,258 7,056,894 8,870,303 8,978,026 9,046,298 7,206,698 8,875,672 8,978,997 9,047,208 7,211,653 8,876,226 8,980,217 9,049,002 7,211,677 8,876,227 8,981,151 9,049,121 7,274,320 8,878,903 8,982,925 9,049,849 7,305,567 8,881,887 8,983,214 9,050,316 7,494,515 8,882,152 8,983,543 9,050,784 7,654,440 8,885,141 8,984,334 9,051,577 7,866,418 8,885,358 8,984,887 9,051,650 7,960,359 8,886,813 8,984,893 9,053,177 8,027,514 8,887,499 8,986,812 9,053,572 8,092,996 8,889,175 8,988,336 9,054,524 8,135,159 8,890,323 8,988,461 9,054,846 8,235,421 8,891,510 8,989,137 9,054,957 8,241,854 8,891,661 8,989,501 9,055,101 8,301,676 8,892,282 8,989,895 9,055,870 8,307,716 8,893,242 8,990,457 9,055,955 8,318,921 8,895,025 8,991,242 9,056,786 8,325,961 8,899,906 8,991,507 9,057,097 8,380,624 8,900,919 8,993,200 9,057,820 8,403,174 8,903,566 8,993,366 9,057,994 8,426,237 8,903,612 8,993,526 9,059,641 8,436,151 8,903,974 8,994,207 9,059,968 8,447,331 8,904,597 8,995,089 9,061,046 8,449,806 8,904,712 8,995,384 9,062,014 8,453,558 8,905,059 8,995,640 9,062,089 8,455,988 8,905,377 8,995,905 9,063,206 8,474,755 8,905,640 8,996,534 9,063,650 8,476,632 8,906,350 8,996,686 9,063,828 8,496,763 8,908,039 8,998,584 9,063,924 8,497,364 8,908,192 8,999,425 9,064,003 8,502,131 8,908,845 9,001,252 9,064,075 8,513,228 8,914,870 9,001,763 9,064,159 8,527,392 8,918,469 9,002,144 9,065,423 8,532,731 8,919,121 9,002,510 9,065,715 8,536,660 8,919,563 9,002,919 9,066,199 8,546,392 8,920,106 9,003,181 9,066,330 8,573,060 8,921,524 9,003,860 9,066,673 8,586,539 8,922,666 9,004,541 9,066,689 8,598,003 8,924,052 9,005,269 9,066,822 8,610,974 8,924,115 9,005,636 9,067,887 8,613,474 8,924,643 9,006,518 9,068,554 8,638,620 8,925,079 9,006,716 9,069,051 8,641,527 8,926,003 9,008,691 9,069,613 8,642,195 8,926,309 9,009,481 9,070,208 8,650,098 8,926,976 9,009,749 9,070,936 8,658,780 8,928,636 9,010,382 9,071,513 8,659,870 8,929,606 9,010,731 9,071,552 8,668,183 8,933,097 9,011,020 9,071,553 8,684,233 8,934,892 9,011,099 9,071,584 8,687,789 8,934,942 9,011,206 9,071,742 8,721,438 8,935,951 9,011,423 9,071,881 8,727,683 8,936,300 9,011,847 9,072,100 8,729,536 8,939,859 9,012,323 9,072,607 8,733,598 8,941,008 9,012,984 9,072,705 8,735,435 8,942,813 9,014,089 9,072,775 8,752,707 8,942,863 9,014,550 9,072,847 8,753,916 8,942,887 9,015,237 9,073,101 8,756,051 8,943,057 9,015,379 9,073,190 8,762,124 8,943,601 9,015,831 9,073,665 
 December 08, 2015US PATENT AND TRADEMARK OFFICE1421 OG 118 

 8,763,351 8,943,668 9,016,978 9,074,407 8,763,757 8,943,808 9,017,755 9,074,705 8,763,927 8,943,819 9,019,156 9,074,936 8,765,445 8,943,820 9,019,626 9,075,261 8,765,709 8,944,020 9,019,825 9,075,875 8,767,828 8,945,190 9,019,867 9,076,201 8,771,645 8,946,395 9,021,125 9,076,309 8,771,818 8,946,426 9,022,592 9,076,435 8,775,262 8,948,476 9,022,868 9,076,680 8,778,376 8,949,110 9,023,263 9,076,888 8,784,802 8,949,541 9,024,009 9,077,008 8,785,486 8,949,841 9,024,412 9,077,592 8,785,487 8,951,912 9,025,005 9,077,772 8,789,011 8,952,370 9,025,039 9,078,173 8,793,375 8,952,490 9,025,446 9,078,622 8,797,891 8,952,966 9,025,890 9,078,854 8,804,563 8,953,266 9,026,761 9,078,980 8,806,208 8,953,748 9,026,780 9,079,280 8,811,761 8,954,067 9,027,752 9,080,070 8,812,507 8,954,309 9,028,158 9,080,130 8,818,310 8,954,397 9,029,404 9,080,157 8,819,995 8,954,994 9,030,822 9,080,452 8,822,086 8,955,037 9,031,417 9,080,813 8,825,037 8,955,281 9,032,068 9,082,476 8,825,746 8,959,050 9,034,186 9,082,655 8,825,770 8,959,057 9,034,249 9,082,892 8,830,990 8,959,106 9,034,324 9,084,137 8,832,060 8,959,362 9,036,495 9,084,353 8,838,093 8,959,495 9,037,251 9,086,407 8,838,118 8,962,157 9,038,098 9,086,437 8,839,094 8,962,325 9,038,366 9,087,003 8,845,879 8,962,342 9,038,606 9,088,438 8,854,269 8,962,582 9,039,384 9,089,804 8,855,113 8,963,149 9,039,803 9,107,198 8,856,038 8,965,357 9,039,828 9,150,944 8,857,582 8,965,943 9,039,848 D. 635,247 8,858,337 8,966,784 9,040,236 D. 724,696 8,861,623 8,968,919 9,041,505 D. 725,489 8,861,844 8,970,277 9,042,334 D. 725,612 8,862,150 8,970,874 9,042,388 D. 725,724 8,865,400 8,971,415 9,042,623 D. 728,224 8,866,308 8,971,613 9,042,931 D. 729,294 8,867,567 8,972,031 9,043,092 D. 733,416 8,867,771 8,972,314 9,043,519 D. 734,009 8,869,516 8,972,590 9,043,585 8,869,523 8,974,437 9,043,953 
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 119 

AIA Trial Proceedings Filed before the Patent Trial and Appeal Board

AIA Trial Proceedings Filed before the Patent Trial and Appeal Board

Covered Business Methods
Patent No.Trial NumberRequested DatePetitionerPatent Owner
7,908,172CBM2016-0001011/6/2015iHeartMedia, Inc.Impulse Radio, LLC
7,908,172CBM2016-0001111/6/2015iBiquity Digital CorporationImpulse Radio, LLC
8,219,445CBM2016-0001211/10/2015Walgreen Co.,
Ahold USA, Inc.,
Delhaize America, LLC,
Publix Super Markets, Inc. and
Quotient Technology Inc.
Advanced Marketing Systems, LLC


Inter Partes Review
Patent No.Trial NumberRequested DatePetitionerPatent Owner
7,241,034IPR2016-0007910/23/2015Koito Manufacturing Co., Ltd.Adaptive Headlamp Technologies, Inc.
8,879,567IPR2016-0008010/24/2015DISH Network L.L.C.,
EchoStar Corporation,
EchoStar Technologies L.L.C.,
and Sling Media, Inc.
Qurio Holdings, Inc.
7,741,338IPR2016-0007410/26/2015Par Pharmaceutical, Inc.Novartis AG
7,297,703IPR2016-0007510/26/2015Par Pharmaceutical, Inc.Novartis AG
6,455,518IPR2016-0007810/26/2015Par Pharmaceutical, Inc.Novartis AG
5,665,772IPR2016-0008410/26/2015Par Pharmaceutical, Inc.Novartis AG
8,266,266IPR2016-0007710/27/2015Hospitality Core Services LLC d/b/a/ Blueprint RFNomadix, Inc.
8,364,806IPR2016-0009210/27/2015Hospitality Core Services LLC d/b/a/ Blueprint RFNomadix, Inc.
6,717,513IPR2016-0012911/2/2015Alarm.com Inc.
and Alarm.com Holdings, Inc.
Vivint, Inc.
6,027,835IPR2016-0012811/3/2015Samsung SDI Co., Ltd.,
ASUS Computer International and
ASUSTeK Computer Inc.,
HP Inc. and
Dell, Inc.
RYUJIN Patent & Licensing Ltd.
5,865,519IPR2016-0013311/3/2015VENTANA 3D, LLCHologram USA, Inc.
8,252,675IPR2016-0013411/4/2015NVIDIA CorporationSamsung Electronics Co., Ltd.
6,147,601IPR2016-0015511/5/2015Alarm.com Incorporated and
Alarm.com Holdings, Inc.
Vivint, Inc.
6,842,502IPR2016-0016011/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
6,462,654IPR2016-0016111/6/2015Alarm.com Inc. and
Alarm.com Holdings, Inc.
Vivint, Inc.
6,842,502IPR2016-0016211/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
6,842,502IPR2016-0016311/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
6,842,502IPR2016-0016611/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
7,471,765IPR2016-0016911/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
7,471,765IPR2016-0017011/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
7,471,765IPR2016-0017111/6/2015Varian Medical Systems, Inc.,
VMS International AG,
VMS Nederland Holdings BV and
VMS Nederland BV
William Beaumont Hospital
8,090,862IPR2016-0017411/11/2015Unified Patents, Inc.Nonend Inventions N.V.
6,375,570IPR2016-0018211/11/2015Aristocrat Technologies, Inc.,
Aristocrat International Pty. Ltd.,
Aristocrat Technologies Australia Pty Ltd. and
Aristocrat Leisure Limited.
IGT
6,375,570IPR2016-0018111/11/2015Aristocrat Technologies, Inc.,
Aristocrat International Pty. Ltd.,
Aristocrat Technologies Australia Pty Ltd. and
Aristocrat Leisure Limited.
IGT
7,826,592IPR2016-0018711/11/2015Varian Medical Systems, Inc. and
VMS International AG
William Beaumont Hospital
7,332,183IPR2016-0019111/12/2015Graybar Pharmaceuticals, LLCPozen Inc.
6,784,552IPR2016-0019211/12/2015SK hynix Inc.,
SK Hynix America Inc.,
SK Hynix Memory Solutions Inc. and
Hynix Semiconductor Manufacturing America Inc.
DSS Technology Management, Inc.
Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint This Notice 1421 OG 120 

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
November 2, 2015 – November 6, 2015
 

Date IssuedType of Case(1)Proceeding or Appn. NumberParty or PartiesTTAB Panel (2)Issue(s)TTAB DecisionOpposer’s or Petitioner’s mark and goods or servicesApplicant’s or Respondent’s mark and goods or servicesMark and goods or services cited by Examining Attorney Issued as Precedent of TTAB
11-2EX86093164DPC Pet Specialties LLC
dba Ainsworth Pet Nutrition
Seeherman*
Kuhlke
Kuczma
 
2(e)(1); 6(a) (disclaimer "SOUP BONES")Refusal Affirmed in the absence of a disclaimer of "BONES" SOUP BONES (and design) [pet treats] No
11-2EX86411376Happy House Sales Corp.Bucher
Mermelstein
Lykos*
2(e)(1)Refusal Affirmed WAFFLETTES [waffles] No
11-2OPP
(SJ)
91210479United States Postal Service
v.
RPost Communication Limited
Cataldo
Taylor
Mermelstein
[Opinion "By the Board" (Dunn)]
2(d) and priority; 2(a) (false suggestion of a connection)
 
Defenses: acquiescence; estoppel; unclean hands
Opposition Sustained in part (partial summary judgment granted for Opposer on defenses of acquiescence, estoppel, and unclean hands)CERTIFIED MAIL ("MAIL" disclaimed) [mailing services, namely, sorting, handling and receiving packages and letters; delivery services, namely, pickup, transportation and delivery of packages and letters by various modes of transportation]CERTIFIED EMAIL ("EMAIL" disclaimed) [electronic mail and messaging services, namely, that provide the recipient with a means of authentication] No
11-3EX86098046US Glove, Inc.Seeherman
Kuhlke*
Lykos
2(d)Refusal Affirmed TIGER PAW [sporting goods for use in gymnastics, platform diving, yoga and weight-lifting, namely, athletic wrist and joint supports]
 
LION PAWS [wrist supports for athletic use] No
11-3OPP91213902Altadis U.S.A. Inc.
v.
Global Services 1939 LLC
Bucher
Ritchie
Greenbaum*
2(d) and priority; 43(c)Opposition Sustained on 2(d) groundMONTECRISTO and "MONTECRISTO"-formative marks
and various design marks comprising or including a fleur de lis [cigars, cigar boxes, retail cigar stores and cigar smoking lounges]
MONTERO 1939 TATALMENTE A MANO M 1939 MONTERO 1939 (and design) ("TOTALMENTE A MANO" and "1939" disclaimed) [cigar boxes; cigars] No
11-3EX85150436CTI Electronics Corp.Mermelstein
Wolfson*
Lykos
23(c)
 
Refusal Affirmed INDUSTRIAL MOUSE [inductive joystick cursor controller, namely heavy-duty computer pointer] No
11-4EX86975346Hannon Armstrong Sustainable Infrastructure Capital, Inc.Cataldo
Wolfson
Hightower*
2(e)(1) Refusal Affirmed SUSTAINABLE YIELD [financial asset management, financial management, financial portfolio management, financial risk management, financing of industrial activities, financing of loans, financing services, real estate investment trust services, financing renewable energy development projects; lease securitization; leasing of real estate; leasing of real property] No
11-4EX86218002White Birch Vineyards, LLCKuczma
Adlin*
Heasley
2(d)Refusal Affirmed WHITE BIRCH [wine]WHITE BIRCH (with and without design) ("BIRCH" disclaimed) and WHITE BIRCH BIRCH FLAVORED VODKA (and design) ("BIRCH FLAVORED VODKA" disclaimed)[vodka] and
WHITE BIRCH BREWING ("BREWING" disclaimed) [beer; beer, ale and lager; beer, ale and porter; all of the being handcrafted artisanal products]
No
11-5EX86141386Integrated Embedded
dba Barr Group
Seeherman*
Bucher
Wellington
2(d)Refusal Reversed B G (and design) [expert witness services in legal matters in the field of design of computer hardware, integrated circuits, communications hardware and software and computer networks for others]BG (stylized) [legal services]
 
No
11-5EX86134331PTT, LLC DBA High 5 GamesKuhlke
Wellington
Greenbaum*
2(d)Refusal Affirmed ISLANDS OF GALAPAGOS [game software]
 
GALAPAGOS [gaming devices, namely, gaming machines, slot machines, bingo machines, with or without video input]
 
No
11-5EX86126104Dryoutpro Plus, Inc.Seeherman
Bergsman*
Heasley
2(d)Refusal Affirmed DRYOUTPRO PLUS [residential and commercial cleaning services featuring: disaster restoration cleaning services, water damage restoration cleaning services, fire and smoke damage restoration cleaning services, carpet and upholstery cleaning, tile and grout cleaning, and area rug cleaning] [mold remediation services featured in connection with residential and commercial cleaning services]
 
DRYOUT (stylized) [water removal and dehumidification services for commercial and residential properties that have suffered water damage]No
11-5EX86134009Dryoutpro Plus, Inc.Seeherman
Bergsman*
Heasley
2(d)Refusal Affirmed DRYOUTPRO PLUS DISASTER RESTORATION SERVICE (and design) ("DISASTER RESTORATION SERVICE" disclaimed) [carpet cleaning; cleaning of commercial premises; cleaning of residential houses; group recoloring services; restoration services in the field of water, smoke and fire damage; upholstery repair]DRYOUT (stylized) [water removal and dehumidification services for commercial and residential properties that have suffered water damage]
 
 
No
11-5EX86107088Plymouth Direct, Inc. and Natures Pillows, Inc.Bucher
Bergsman*
Lykos
2(d); 6(a) (disclaimer of "DIRECT")Refusal under 2(d) Affirmed; Refusal in absence of disclaimer Affirmed TOP DOG DIRECT [the marketing of new products through television, the internet and at retail]?WHAT IF! TOPDOG (and design) [wide variety of marketing and business services, including business consultation regarding identification of business objectives and opportunities, marketing activities, and launching of new products]No
11-5EX85862659BTL Health, Inc.Cataldo*
Wolfson
Lynch
 
2(d)Refusal Affirmed METROHEALTH STATION ("STATION" disclaimed) [health care; medical clinics]METRO HEALTH ("HEALTH" disclaimed) [provision of managed care, home health, physician, hospital and related health care services] METROHEALTHY [providing medical care for patients; providing
general health wellness and medical information to patients and the public]
No
11-6EX79137054MixRadio LimitedBucher*
Wellington
Hightower
2(e)(1); 6(a) (disclaimer of "MIX RADIO")Refusal Affirmed in the absence of a disclaimer of "MIX RADIO" MIXRADIO (and design) [computer software for providing access to pre-recorded music and video for download to a variety of digital devices] [online retail store services featuring music for download] [electronic transmission and streaming of digital media content for others via global and local computer networks] [entertainment services, namely, providing non-downloadable prerecorded music on-line via a music subscription service] No
11-6EX79130383Flair Leisure Products PLCQuinn
Zervas
Lynch*
2(d) Refusal Affirmed
 
 PLASTICINE IMAGINE THE FUN! (and design) [hand tools and hand implements for use in modelling and in working modelling material, namely plastic and wooden modelling tools for cutting, trimming, shaping and forming modelling material] [craft paper; modelling clay; various printed matter relating to modeling and crafts] [various toys, games, and playthings, including hobby and modelling sets]IMAGINE THE FUN [retail services through direct solicitation by salespersons directed to end-users featuring toys, balls and toy sports equipment]
 
No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (R) =Request for Reconsideration; (REM)=Decision on Remand (2) *=Opinion Writer; (D)=Dissenting Panel Member

Top of Notices Top of Notices December 08, 2015US PATENT AND TRADEMARK OFFICEPrint Appendix 1421 OG 

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
 MAILING AND HAND CARRY ADDRESSES FOR MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS For most correspondence (e.g., new patent applications) no mail stop is required because the processing of the correspondence is routine. If NO mail stop is included on the list below, no mail stop is required for the correspondence. See the listing under "Mail to be Directed to the Director of the Patent And Trademark Office" for additional mail stops for patent-related correspondence. Only the specified type of document should be placed in an envelope addressed to one of these special mail stops. If any documents other than the specified type identified for each special mail stop are addressed to that mail stop, they will be significantly delayed in reaching the appropriate area for which they are intended. The mail stop should generally appear as the first line in the address. Most correspondence may be submitted electronically. See the USPTO's Electronic Filing System (EFS-Web) internet page http://www.uspto.gov/patents/process/file/efs/index.jsp for additional information. Please address mail to be delivered by the United States Postal Service (USPS) as follows: Mail Stop _____ Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 If no Mail Stop is indicated below, the line beginning Mail Stop should be omitted from the address. NEW: Effective September 16, 2012, the Mail Stop description for Mail Stop Ex Parte Reexam is being revised and a new Mail Stop for supplemental examination requests is being added as Mail Stop Supplemental Examination. Except correspondence for Maintenance Fee payments, Deposit Account Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR 5.1(c) and 5.2(c)), please address patent-related correspondence to be delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL, Laser, Action, Purolator, etc.) as follows: United States Patent and Trademark Office Customer Service Window, Mail Stop _____ Randolph Building 401 Dulany Street Alexandria, VA 22314 Mail Stop Designations Explanation Mail Stop 12 Contributions to the Examiner Education Program. Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a patent application from issue after payment of the issue fee and any papers associated with the petition, including papers necessary for a continuing application or a request for continued examination (RCE). Mail Stop AF Amendments and other responses after final rejection (e.g., a notice of appeal (and any request for pre-appeal brief conference)), other than an appeal brief. Mail Stop Amendment Information disclosure statements, drawings, and replies to Office actions in patent applications with or without an amendment to the application or a terminal disclaimer. (Use Mail Stop AF for replies after final rejection.) Mail Stop Appeal For appeal briefs or other briefs under Brief-Patents part 41 of title 37 of the Code of Federal Regulations (e.g., former 37 CFR 1.192). Mail Stop Public comments regarding patent-related Comments-Patent regulations and procedures. Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a nonprovisional application to a provisional application and requests under 37 CFR 1.53(c)(3) to convert a provisional application to a nonprovisional application. Mail Stop EBC Mail for the Electronic Business Center including: Certificate Action Forms, Request for Customer Number, and Requests for Customer Number Data Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A, respectively) and Customer Number Upload Spreadsheets and Cover Letters. Mail Stop Expedited Only to be used for the initial filing of Design design applications accompanied by a request for expedited examination under 37 CFR 1.155. Mail Stop Express Requests for abandonment of a patent Abandonment application pursuant to 37 CFR 1.138, including any petitions under 37 CFR 1.138(c) to expressly abandon an application to avoid publication of the application. Mail Stop Applications under 35 U.S.C. 156 for patent term Hatch-Waxman PTE extension based on regulatory review of a product subject to pre-market review by a regulating agency. This mail stop is also to be used for additional correspondence regarding the application for patent term extension under 35 U.S.C. 156. It is preferred that such initial requests be hand-carried to: Office of Patent Legal Administration Room MDW 7D55 600 Dulany Street (Madison Building) Alexandria, VA 22314 Mail Stop ILS Correspondence relating to international patent classification, exchanges and standards. Mail Stop Issue Fee All communications following the receipt of a PTOL-85, "Notice of Allowance and Fee(s) Due," and prior to the issuance of a patent should be addressed to Mail Stop Issue Fee, unless advised to the contrary. Assignments are the exception. Assignments (with cover sheets) should be faxed to 571-273-0140, electronically submitted (http://epas.uspto.gov), or submitted in a separate envelope and sent to Mail Stop Assignment Recordation Services, Director - U.S. Patent and Trademark Office as shown below. Mail Stop L&R All documents pertaining to applications subject to secrecy order pursuant to 35 U.S.C. 181, or national-security classified and required to be processed accordingly. Such papers, petitions for foreign filing license pursuant to 37 CFR 5.12(b) for which expedited handling is requested, and petitions for retroactive license under 37 CFR 5.25 may also be hand carried to Licensing and Review: Technology Center 3600, Office of the Director Room 4B41 501 Dulany Street (Knox Building) Alexandria, VA 22314 Mail Stop Missing Requests for a corrected filing receipt and Parts replies to OPAP notices such as the Notice of Omitted Items, Notice to File Corrected Application Papers, Notice of Incomplete Application, Notice to Comply with Nucleotide Sequence Requirements, and Notice to File Missing Parts of Application, and associated papers and fees. Mail Stop MPEP Submissions concerning the Manual of Patent Examining Procedure. Mail Stop Patent Ext. Applications for patent term extension or adjustment under 35 U.S.C. 154 and any communications relating thereto. This mail stop is limited to petitions for patent term extension under 35 U.S.C. 154 for applications filed between June 8, 1995 and May 29, 2000, and patent term adjustment (PTA) under 35 U.S.C. 154 for applications filed on or after May 29, 2000. For applications for patent term extension under 35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE. For applications for patent term extension or adjustment under 35 U.S.C. 154 that are mailed together with the payment of the issue fee, use Mail Stop Issue Fee. Mail Stop Patent Submission of comments regarding search templates. Search Template Comments Mail Stop PCT Mail related to international applications filed under the Patent Cooperation Treaty in the international phase and in the national phase under 35 U.S.C. 371 prior to mailing of a Notification of Acceptance of Application Under 35 U.S.C. 371 and 37 CFR 1.495 (Form PCT/DO/EO/903). Mail Stop Petition Petitions to be decided by the Office of Petitions, including petitions to revive and petitions to accept late payment of issue fees or maintenance fees. Mail Stop PGPUB Correspondence regarding publication of patent applications not otherwise provided, including: requests for early publication made after filing, rescission of a non-publication request, corrected patent application publication, and refund of publication fee. Mail Stop Post In patented files: requests for changes of Issue correspondence address, powers of attorney, revocations of powers of attorney, withdrawal as attorney or agent and submissions under 37 CFR 1.501. Designation of, or changes to, a fee address should be addressed to Mail Stop M Correspondence. Requests for Certificate of Correction need no special mail stop, but should be mailed to the attention of Certificate of Correction Branch. Mail Stop RCE Requests for continued examination under 37 CFR 1.114. Mail Stop Correspondence pertaining to the reconstruction Reconstruction of lost patent files. Mail Stop Ex Parte Original requests for Ex Parte Reexamination Reexam and all subsequent correspondence other than correspondence to the Office of the Solicitor (see 37 CFR 1.1(a)(3) and 1.302(c)). Effective September 16, 2012, this mail stop is also to be used for any papers to be filed in an ex parte reexamination proceeding ordered as a result of a supplemental examination proceeding. Mail Stop Inter Original requests for Inter Partes Reexamination Partes Reexam and all subsequent correspondence other than correspondence to the Office of the Solicitor (see 37 CFR 1.1(a)(3) and 1.302(c)). Mail Stop Reissue All new and continuing reissue application filings. Mail Stop Sequence Submission of the computer readable form (CRF) for applications with sequence listings, when the CRF is not being filed with the patent application. Mail Stop Supplemental (Effective September 16, 2012). Requests for Examination Supplemental Examination, including original request papers and any other correspondence, other than correspondence to the Office of the Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)). This mail stop is limited to original request papers and any other papers that are to be filed in a supplemental examination proceeding. For any papers to be filed in an ex parte reexamination proceeding ordered as a result of a supplemental examination proceeding, use "Mail Stop Ex Parte Reexam". Information for addressing patent-related correspondence may also be found on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp. MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS Please address trademark-related correspondence to be delivered by the United States Postal Service (USPS), except documents sent to the Assignment Services Division for recordation, requests for copies of trademark documents, and documents directed to the Madrid Processing Unit, as follows: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Mail to be delivered by the USPS to the Office's Madrid Processing Unit, must be mailed to: Madrid Processing Unit 600 Dulany Street MDE-7B87 Alexandria, VA 22314-5796 Mail to be delivered by the USPS to the Office's Deputy Commissioner for Trademark Policy regarding Letters of Protest must be mailed to: Letter of Protest ATTN: Deputy Commissioner for Trademark Policy 600 Dulany Street Alexandria, VA 22314-5796 Mail to be delivered by the USPS to the Director regarding the Fastener Quality Act (FQA) must be mailed to: Director, USPTO ATTN: FQA 600 Dulany Street, MDE-10A71 Alexandria, VA 22314-5793 Mail to be delivered by the USPS to the Commissioner regarding the recordal of a Native American Tribal Insignia (NATI) must be mailed to: Native American Tribal Insignia ATTN: Commissioner for Trademarks 600 Dulany Street MDE-10A71 Alexandria, VA 22314-5793 Do NOT send any of the following via USPS certified mail or with a "signature required" option: submissions to the Madrid Processing Unit, Letters of Protest, applications for recordal of insignia under the Fastener Quality Act, notifications of Native American Tribal Insignia. Trademark-related mail to be delivered by hand or other private courier or delivery service (e.g., UPS, Federal Express) to the Trademark Operation, the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit, must be delivered to: Trademark Assistance Center Madison East, Concourse Level Room C 55 600 Dulany Street Alexandria, VA 22314 Information for addressing trademark-related correspondence may also be found on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp. MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE Please address correspondence to be directed to a mail stop identified below to be delivered by the United States Postal Service (USPS) as follows (unless otherwise instructed): Mail Stop _____ Director of the U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450 Mail Stop Designations Explanation Mail Stop 3 Mail for the Office of Personnel from NFC. Mail Stop 6 Mail for the Office of Procurement. Mail Stop 8 All papers for the Office of the Solicitor except communications relating to pending litigation and disciplinary proceedings; papers relating to pending litigation in court cases shall be mailed only to Office of the Solicitor, P.O. Box 15667, Arlington, VA 22215 and papers related to pending disciplinary proceedings before the Administrative Law Judge or the Director shall be mailed only to the Office of the Solicitor, P.O. Box 16116, Arlington, VA 22215. Mail Stop 11 Mail for the Electronic Ordering Service (EOS). Mail Stop 13 Mail for the Employee and Labor Relations Division. Mail Stop 16 Mail related to refund requests, other than requests for refund of a patent application publication fee. Such requests should be directed to Mail Stop PGPub. Mail Stop 17 Invoices directed to the Office of Finance. Mail Stop 24 Mail for the Inventor's Assistance Program, including complaints about Invention Promoters. Mail Stop 171 Vacancy Announcement Applications. Mail Stop Assignment All assignment documents, security interests, Recordation Services and other documents to be recorded in the Assignment records. Note that documents with cover sheets that are faxed to 571-273-0140 or submitted electronically (http://epas.uspto.gov) are processed much more quickly than those submitted by mail. Mail Stop Document All requests for certified or uncertified Services copies of patent or trademark documents. Mail Stop EEO Mail for the Office of Civil Rights. Mail Stop External Mail for the Office of External Affairs. Affairs Mail Stop Interference Communications relating to interferences and applications and patents involved in interference. Mail Stop M Mail to designate or change a fee Correspondence address, or other correspondence related to maintenance fees, except payments of maintenance fees in patents. See below for the address for maintenance fee payments. Mail Stop OED Mail for the Office of Enrollment and Discipline. Maintenance Fee Payments Unless submitted electronically over the Internet at www.uspto.gov, payments of maintenance fees in patents using the United States Postal Service, hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.) should be mailed to: Director of the U.S. Patent and Trademark Office Attn: Maintenance Fees 2051 Jamieson Avenue, Suite 300 Alexandria, Virginia 22314 Deposit Account Replenishments Payments to replenish deposit accounts using the United States Postal Service, hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.) should be made to: Director of the U.S. Patent and Trademark Office Attn: Deposit Accounts 2051 Jamieson Avenue, Suite 300 Alexandria, VA 22314 Information about deposit account replenishments may also be found on the USPTO's website at http://www.uspto.gov/learning-and-resources/fees-and-payment/deposit-accounts/deposit-account-replenishment-options 
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Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers
 Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers The following libraries, designated as Patent and Trademark Resource Centers (PTRCs), provide public access to patent and trademark information received from the United States Patent and Trademark Office (USPTO). This information includes all issued patents, all registered trademarks, the Official Gazette of the U.S. Patent and Trademark Office, search tools such as the Cassis CD-ROM suite of products and supplemental information in a variety of formats including online, optical disc, microfilm and paper. Each PTRC also offers access to USPTO resources on the Internet and to PubWEST (Web based examiner search tool), a system used by patent examiners that is not available on the Internet. Staff assistance and training is provided in the use of this information. All information is available free of charge. However, there may be charges associated with the use of photocopying and related services. Hours of service to the public vary, and anyone contemplating use of these collections at a particular library is urged to contact that library in advance about its services and hours to avoid inconvenience. State Name of Library Telephone Contact Alabama Auburn University Libraries (334) 844-1737 Birmingham Public Library (205) 226-3620 Alaska Fairbanks: Keith B. Mather Library, Geophysical Institute, University of Alaska, Fairbanks (907) 474-2636 Arizona Phoenix, Arizona State Library of Arizona Arizona State Library Archives and Public Records (602) 926-3870 Arkansas Little Rock: Arkansas State Library (501) 682-2053 California Los Angeles Public Library (213) 228-7220 Riverside: University of California, Riverside, Orbach Science Library (951) 827-3316 Sacramento: California State Library (916) 654-0261 San Diego Public Library (619) 236-5800 San Francisco Public Library (415) 557-4400 Sunnyvale Public Library (408) 730-7300 San Jose: San Jose Public Library, Dr. Martin Luther King, Jr. Library (408) 808-2000 Colorado Denver Public Library (720) 865-1711 Connecticut Fairfield: Ryan-Matura Library Sacred Heart University (203) 371-7726 Delaware Newark: University of Delaware Library (302) 831-2965 Dist. of Columbia Washington: Howard University Libraries (202) 806-7252 Florida Fort Lauderdale: Broward County Main Library (954) 357-7444 Miami-Dade Public Library (305) 375-2665 Orlando: University of Central Florida Libraries (407) 823-2562 Georgia Atlanta: Library and Information Center, Georgia Institute of Technology (404) 385-7185 Hawaii Honolulu: Hawaii State Library (808) 586-3477 Illinois Chicago Public Library (312) 747-4450 Macomb: Western Illinois University Libraries (309) 298-2722 Indiana Indianapolis-Marion County Public Library (317) 269-1741 West Lafayette Siegesmund Engineering Library, Purdue University (765) 494-2872 Iowa Davenport: Davenport Public Library (563) 326-7832 Kansas Wichita: Ablah Library, Wichita State University 1 (800) 572-8368 Kentucky Louisville Free Public Library (502) 574-1611 W. Frank Steely Library Northern Kentucky University Highland Heights, Kentucky (859) 572-5457 Louisiana Baton Rouge: Troy H. Middleton Library, Louisiana State University (225) 388-8875 Maine Orono: Raymond H. Fogler Library, University of Maine (207) 581-1678 Maryland College Park: Engineering and Physical Sciences Library, University of Maryland (301) 405-9157 Massachusetts Amherst: Physical Sciences Library, University of Massachusetts (413) 545-2765 Boston Public Library (617) 536-5400 Ext. 4256 Michigan Ann Arbor: Art, Architecture & Engineering Library, University of Michigan (734) 647-5735 Big Rapids: Ferris Library for Information, Technology & Education, Ferris State University (231) 592-3602 Detroit: Public Library (313) 481-1391 Michigan Technological University, Van Pelt and Opie Library, Houghton (906) 487-2500 Minnesota Hennepin County Library Minneapolis Central Library (612) 543-8000 Mississippi Jackson: Mississippi Library Commission (601) 432-4111 Missouri Kansas City: Linda Hall Library (816) 363-4600 Ext. 724 St. Louis Public Library (314) 352-2900 Montana Butte: Montana Tech Library of the University of Montana (406) 496-4281 Nebraska Lincoln: Engineering Library, University of Nebraska-Lincoln (402) 472-3411 New Hampshire Concord: University of New Hampshire School of Law (603) 513-5130 Nevada Reno: University of Nevada, Reno, Mathewson-IGT Knowledge Center (775) 784-6500 Ext. 257 New Jersey Newark Public Library (973) 733-7779 Piscataway: Library of Science and Medicine, Rutgers University (732) 445-2895 New York Albany: New York State Library (518) 474-5355 Buffalo and Erie County Public Library (716) 858-7101 Rochester Public Library (716) 428-8110 New York: New York Public Library, Science Industry & Business Library (212) 592-7000 North Carolina J. Murrey Atkins Library, University of North Carolina at Charlotte (704) 687-0494 North Dakota Grand Forks: Chester Fritz Library, University of North Dakota (701) 777-4888 Ohio Akron - Summit County Public (330) 643-9075 Library Cincinnati and Hamilton County, Public Library of (513) 369-6932 Cleveland Public Library (216) 623-2870 Dayton: Paul Laurence Dunbar Library, Wright State University (937) 775-3521 Toledo/Lucas County Public Library (419) 259-5209 Oklahoma Stillwater: Oklahoma State University Edmon Low Library (405) 744-6546 Pennsylvania Philadelphia, The Free Library of (215) 686-5394 Pittsburgh, Carnegie Library of (412) 622-3138 University Park: PAMS Library, Pennsylvania State University (814) 865-7617 Puerto Rico Bayamon: Learning Resources Center, University of Puerto Rico (787) 993-0000 Ext. 3222 Mayaquez General Library, University of Puerto Rico (787) 832-4040 Ext. 2023 Bayamon, Learning Resources Center, University of Puerto Rico (787) 786-5225 Rhode Island Providence Public Library (401) 455-8027 South Carolina Clemson University Libraries (864) 656-3024 South Dakota Rapid City: Devereaux Library, South Dakota School of Mines and Technology (605) 394-1275 Tennessee Nashville: Stevenson Science and Engineering Library, Vanderbilt University (615) 322-2717 Texas Austin: McKinney Engineering Library, University of Texas at Austin (512) 495-4511 College Station: West Campus Library, Texas A & M University (979) 845-2111 Dallas Public Library (214) 670-1468 Houston: The Fondren Library, Rice University (713) 348-5483 Lubbock: Texas Tech University (806) 742-2282 San Antonio Public Library (210) 207-2500 Utah Salt Lake City: Marriott Library, University of Utah (801) 581-8394 Vermont Burlington: Bailey/Howe Library, University of Vermont (802) 656-2542 Washington Seattle: Engineering Library, University of Washington (206) 543-0740 West Virginia Morgantown: Evansdale Library, West Virginia University (304) 293-4695 Wisconsin Wendt Commons Library, University of Wisconsin-Madison (608) 262-0696 Milwaukee Public Library (414) 286-3051 Wyoming Cheyenne: Wyoming State Library (307) 777-7281 
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Patent Technology Centers
PATENT TECHNOLOGY CENTERS
AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
Technology
Center
GAUAvg Filing Date
1600BIOTECHNOLOGY, AND ORGANIC CHEMISTRY
 161008/03/2014
 162009/30/2014
 163004/27/2014
 164007/31/2014
 165006/27/2014
 166003/25/2014
 167009/20/2014
 TOTAL07/28/2014
   
1700CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS
 171001/02/2014
 172002/16/2014
 173003/10/2014
 174001/23/2014
 175002/10/2014
 176006/18/2014
 177001/17/2014
 178001/14/2014
 179005/25/2014
 TOTAL 03/04/2014
   
2100COMPUTER ARCHITECTURE AND SOFTWARE
 211003/07/2014
 212008/21/2013
 213003/13/2014
 214011/26/2013
 215002/23/2014
 216001/23/2014
 217010/09/2013
 218011/17/2013
 219005/25/2014
 TOTAL 01/14/2014
   
2400NETWORKING, MULTIPLEXING, CABLE AND SECURITY
 241004/09/2014
 242007/06/2014
 243007/03/2014
 244012/08/2013
 245012/15/2013
 246004/24/2014
 247004/12/2014
 248010/12/2013
 249007/06/2014
 TOTAL 03/13/2014
   
2600COMMUNICATIONS
 261002/13/2014
 262004/24/2014
 263010/24/2014
 264006/24/2014
 265004/18/2014
 266006/30/2014
 267011/02/2014
 268006/12/2014
 269004/27/2014
 TOTAL 06/15/2014
   
2800 SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING
 281011/02/2014
 282010/21/2014
 283002/23/2014
 284006/06/2014
 285005/31/2014
 286008/27/2013
 287005/13/2014
 288007/28/2014
 289011/17/2014
 TOTAL 06/15/2014
   
2900  
 291007/25/2014
 292008/09/2014
 TOTAL 07/28/2014
   
3600  TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
 361009/20/2014
 362010/30/2013
 363011/11/2014
 364003/04/2014
 365006/06/2014
 366008/06/2014
 367004/24/2014
 368010/12/2013
 369004/03/2014
 TOTAL 05/22/2014
   
3700 MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
 371006/09/2014
 372001/02/2014
 373002/07/2014
 374008/21/2013
 375003/01/2014
 376003/13/2014
 377002/04/2014
 378008/06/2014
 TOTAL 01/17/2014
   
 1 Report last updated on 09-30-2015.
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