Taking Stock
posted on
Feb 18, 2010 02:15PM
What happens to PDSG is almost irrelevant at this point. We are all here for the MMP and right now is the focus for most.
So. Here is the MMP status. Corrections welcomed.
584. Certified. Letters have gone out to infringers, considering the modified claim 29.
336. Certified. We do not believe modifications requires new notification to infringers. The research done here with respect to the new request for reexam seemed to suggest that it would not proceed. The comments at the SHM seem also to suggest that. But even if there is an office action rejection, the prior art being used has already been debunked. At worst, more time elapses before NIRC.
148. Since the patent expired, our patent attorney resorted to a ("little known and seldom used") authority to clarify what various claim terms mean. (Quote is from a patent blog not me). By doing so, all prior art used in the office action rejection falls short. There is no guarantee that the PTO will accept what Henneman said. But considering all the arguments put forth thus far, it is inconceivable to me that the PTO would want to escallate this. But they have done it before. The PTO thinking is that "if the reexam is not proper, then the reexam itself will wash it clean." (Quote is from another patent blog, but from memory)
749. The Jan 19th arguments seem sound. Examiner is seeing stuff in prior art that just isn't there.
890. The Jan 5th response in not yet on IFW.
Applications. 6 total. In various stages of prosecution. Final office action is not necessarily final. We already have one final for which a Request for Continued Examination (RCE) was filed 6 months later and apparently proceeding. It ain't over 'til it's over. (Yogi)
Opty