Ex Parte Nieminen et al

Patent Trial and Appeal BoardMar 17, 2016

11458040 (P.T.A.B. Mar. 17, 2016)

UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 111458,040 07/17/2006 66854 7590 SHAY GLENN LLP 2755 CAMPUS DRIVE SUIIB 210 SAN MATEO, CA 94403 09/05/2013 FIRST NAMED INVENTOR Gregory Nieminen UNITED STA TES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 10057-733.501 8164 EXAMINER MATTHEWS, WILLIAM H ART UNIT PAPER NUMBER 3774 NOTIFICATION DATE DELIVERY MODE 09/05/2013 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): info@shayglenn.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte GREGORY NIEMINEN and CARLY A. THALER Appeal2013-010225 Application 11/458,040 Technology Center 3700 ORDER REMANDING APPEAL TO EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on August 29, 2013. A Docketing Notice was mailed on September 3, 2013. Upon review of the application, it has been determined that a remand to the Examiner is necessary to consider the following issues and to take necessary corrective action. AMENDMENT AFTER FINAL NOT CONSIDERED An After Final Amendment was filed in this application on December 18, 2012. There is no indication in the record that the After Final Amendment was considered by the Examiner. The Examiner needs to determine if the After Final Amendment will or will not be entered, and notify appellant of said entry or non-entry. Appeal2013-010225 Application 11/458,040 Accordingly, it is ordered that the application is remanded to the Examiner: 1) to consider the Amendment After Final filed December 18, 2012; 2) to notify Appellant of the entry or non-entry of the Amendment After Final filed December 18, 2012; and 3) for further action as may be appropriate. If there are any questions pertaining to this Order, please contact the Board of Patent Appeals and Interferences at 571-272-9797. SJB/tsj 2