EXHIBIT B

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606 MANUAL OF PATENT EXAMINING PROCEDURE

The examiner should not inquire of the patent

applicant concerning the inventors and the invention

dates for the subject matter ofthe various claims until

it becomes necessary to do so in order to properly

examine the application.

If an application is fded with joint inventors, the

examiner should assume that the subject matter ofthe

various claims was commonly owned at the time the

inventions covered therein were made, unless there is

evidence to the contrary. If inventors of subject matter, not commonly owned at the time of the later

invention, fde a joint application, applicants have an

obligation pursuant to 37 CFR 1.56 to point out the

inventor and invention dates of each claim and the

lack of common ownership at the time the later invention was made in order that the examiner may consider the applicability of 35 U.S.C. 102(e)/103,

35 U.S.C. 102(f)/103 or 35 U.S.C. 102(g)/103. The

examiner should assume, unless there is evidence to

the contrary, that applicants are complying with their

duty of disclosure. It should be pointed out that 35

U.S.C. 119(a) benefit may be claimed to any foreign

application as long as the U.S. named inventor was

the inventor of the foreign application invention and

35 U.S.C. 119(a)-(d) requirements are met. Where

two or more foreign applications are combined in a

single U.S. application, to take advantage of the

changes to 35 U.S.C. 103 or 35 U.S.C. 116, the U.S.

application may claim benefit under 35 U.S.C. 119(a)

to each of the foreign applications provided all the

requirements of 35 U.S.C. 119(a)-(d) are met. One of

the conditions for benefit under 35 U.S.C. 119(a) is

that the foreign application must be for "the same

invention" as the application in the United States.

Therefore, a claim in the U.S. application which relies

on the combination of prior foreign applications may

not be entitled to the benefit under 35 U.S.C. 119(a) if

the subject matter ofthe claim is not sufficiently disclosed in the prior foreign application, (f Stndiengesellschaft Kohle m.h.H. v. Shell Oil Co., 112 F.3d

1561, 42 USPQ2d 1674 (Fed. Cir. 1997). For example:

If foreign applicant A invents X and files a foreign application; foreign applicant B invents Y and files separate

foreign application. A+B combine inventions X+Y and A

and B are properjoint inventors under 35 U.S.C. 116 and

file U.S. application to X+Y. The U.S. application may

claim benefit under 35 U.S.C. 119(a) to each of the foreign applications provided the requirements of 35 U.S.C.

119(a)-(d) are met.

606 Title of Invention [R-5]

37 CFR 1.72. Title and abstract.

(a) The title of the invention may not exceed 500 characters

in length and must be as short and specific as possible. Characters

that cannot be captured and recorded in the Office's automated

infonnation systems may not be reflected in the Office's records

in such systems or in documents created by the Office. Unless the

title is supplied in an application data sheet (§ 1.76), the title ofthe

invention should appear as a heading on the first page ofthe specification.

The title ofthe invention should be placed atthe top

of the first page of the specification unless it is provided in the application data sheet (see 37 CFR 1.76).

The title should be brief but technically accurate and

descriptive and should contain fewer than 500 characters. Inasmuch as the words >"new,"< "improved,"

"improvement of," and "improvement in" are not considered as part ofthe title of an invention, these words

should not be included at the beginning ofthe title of

the invention and will be deleted when the Office

enters the title into the Office's computer records, and

when any patent issues. >Similarly, the articles "a,"

"an," and "the" should not be included as the first

words ofthe title ofthe invention and will be deleted

when the Office enters the title into the Office's computer records, and when any patent issues.<

606.01 Examiner May Require Change

in Title [R-2]

Where the title is not descriptive of the invention

claimed, the examiner should require the substitution

of a new title that is clearly indicative ofthe invention

to which the claims are directed. Form paragraphs

6.11 and 6.11.01 may be used.

T| 6.11 Title ofInvention Is Not Descriptive

The title of the invention is not descriptive. A new title is

required that is clearly indicative of the invention to which the

claims are directed.

Examiner Note:

If a change in the title of the invention is being suggested by

the examiner, follow with form paragraph 6.11.01.

T| 6.11.01 Title ofInvention, Suggested Change

The following title is suggested: " [1]"

Rev. 7, July 2008 600-60

Case 6:20-cv-00455-ADA Document 45-2 Filed 01/08/21 Page 2 of 3
PARTS. FORM. AND CONTENT OF APPLICATION 607

This may result in slightly longer titles, but the loss

in brevity oftitle will be more than offset by the gain

in its informative value in indexing, classifying,

searching, etc. If a satisfactory title is not supplied by

the applicant, the examiner may, at the time of allowance, change the title by examiner's amendment. If

the change in the title is the only change being made

by the examiner at the time of allowance, >and the

application is maintained in paper,< a separate examiner's amendment need not be prepared. The examiner is to indicate the change in the title on the fde

label (or bib-data sheet in 09/ series applications)

using BLACK ink and place his or her initials and the

date in the margin. >For Image File Wrapper (IFW)

applications, informal examiner's amendments are

not permitted and a separate examiner's amendment

must be prepared, and a copy of the bib-data sheet

must be added to the IFW.< When the Technology

Center (TC) technical support staff prepares the application for issue and sees that the title has been

changed, the TC technical support staff will make the

required change in >the Office computer record systems<.

607 Filing Fee [R-5]

Patent application filing fees are set in accordance

with 35 U.S.C. 41 and are listed in 37 CFR 1.16.

I. BASIC FILING, SEARCH, AND EXAMINATION FEES

The Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), effective December 8,

2004, provides for a separate filing fee, search fee,

and examination fee during fiscal years 2005 and

2006. For nonprovisional applications filed under 35

U.S.C. 111(a) on or after December 8, 2004 (including reissue applications), the following fees are

required: basic filing fee as set forth in 37 CFR

1.16(a)(1), (b)(1), (c)(1) or (e)(1); search fee as set

forth in 37 CFR 1.16(k), (1), (m), or (n); examination

fee as set forth in 37 CFR 1.16(o), (p), (q), or (r);

application size fee, if applicable (see subsection II.

below); and excess claims fees, if applicable (see subsection III. below).

For nonprovisional applications filed under 35

U.S.C. 111(a) before December 8, 2004 (including

reissue applications), the following fees are required:

basic filing fee as set forth in 37 CFR 1.16(a)(2),

(b)(2), (c)(2) or (e)(2)); and excess claims fees, if

applicable (see subsection III. below). No search and

examination fees are required for nonprovisional

applications filed under 35 U.S.C. 111(a) before

December 8, 2004.

The basic filing, search and examination fees are

due on filing ofthe nonprovisional application under

35 U.S.C. 111(a). These fees may be paid on a date

later than the filing date of the application provided

they are paid within the time period set forth in 37

CFR 1.53(f) and include the surcharge set forth in 37

CFR 1.16(f). For applications filed on or after December 8, 2004 but prior to July 1, 2005, which have been

accorded a filing date under 37 CFR 1.53(b) or (d), if

the search and/or examination fees are paid on a date

later than the filing date of the application, the surcharge under 37 CFR 1.16(f) is not required. For

applications filed on or after July 1, 2005, which have

been accorded a filing date under 37 CFR 1.53(b) or

(d), if any ofthe basic filing fee, the search fee, or the

examination fee are paid on a date later than the filing

date of the application, the surcharge under 37 CFR

I.16(f) is required.

For provisional applications filed under 35 U.S.C.

111(b), the basic filing fee set forth in 37 CFR 1.16(d)

is required. The basic filing fee is due on filing ofthe

provisional application, but may be paid later, if paid

within the time period set forth in 37 CFR 1.53(g) and

accompanied by payment of a surcharge as set forth in

37 CFR 1.16(g).

For international applications entering the national

stage under 35 U.S.C. 371, see 37 CFR 1.492 for the

required fees. See also MPEP § 1893.01(c).

See also MPEP § 1415 for reissue application fees.

II. APPLICATION SIZE FEE

The Consolidated Appropriations Act also provides

for an application size fee. 37 CFR 1.16(s) sets forth

the application size fee for any application (including

any provisional applications and any reissue applications) filed under 35 U.S.C. Ill on or after December

8, 2004 the specification >(including claims)< and

drawings of which, excluding a sequence listing or

computer program listing filed in an electronic

medium in compliance with the rules (see 37 CFR

1.52(f)), exceed 100 sheets of paper. The application

size fee does not apply to any applications filed before

December 8, 2004. The application size fee applies

600-61 Rev. 7, July 2008

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