EXHIBIT 11

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 1 of 12 PageID #: 1491
UNITED STATES PATENT AND TRADEMARK OFFICE 

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NOTICE OF ALLOWANCE AND FEE(S) DUE 

124410 7590 03/30/2023 

Neal, Gerber & Eisenberg LLP (SIG) 

2 North LaSalle Street 

Suite 1700 

Chicago, IL 60602 

APPLICATION NO. FILING DATE 

18/149,827 01/04/2023 

FIRST NAMED INVENTOR 

Fla vioFinzo 

TITLE OF INVENTION: STRAPPING DEVICE HA YING A PIVOTABLE ROCKER 

EXAMINER 

NGUYEN, JIMMY T 

ART UNIT PAPER NUMBER 

3725 

DATE MAILED: 03/30/2023 

ATTORNEY DOCKET NO. CONFIRMATION NO. 

026787-8316/62007-US-D 2218 

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Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 2 of 12 PageID #: 1492
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124410 7590 03/30/2023 

Neal, Gerber & Eisenberg LLP (SIG) 

2 North LaSalle Street 

Suite 1700 

Chicago, IL 60602 

APPLICATION NO. FILING DATE 

18/149,827 01/04/2023 

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FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 

Flavio Finzo 026787-8316/62007-US-D 2218 

TITLE OF INVENTION: STRAPPING DEVICE HA YING A PIVOTABLE ROCKER 

APPLN. TYPE ENTITY STATUS ISSUE FEE DUE 

nonprovisional UNDISCOUNTED $1200 

EXAMINER ART UNIT 

NGUYEN, JIMMY T 3725 

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Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 3 of 12 PageID #: 1493
UNITED STATES PATENT AND TRADEMARK OFFICE 

APPLICATION NO. FILING DATE 

18/149,827 01/04/2023 

124410 7590 03/30/2023 

Neal, Gerber & Eisenberg LLP (SIG) 

2 North LaSalle Street 

Suite 1700 

Chicago, IL 60602 

FIRST NAMED INVENTOR 

FlavioFinzo 

UNITED STATES 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. 

026787-8316/62007-US-D 2218 

EXAMINER 

NGUYEN, JIMMY T 

ART UNIT PAPER NUMBER 

3725 

DATE MAILED: 03/30/2023 

Determination of Patent Term Adjustment under 35 U.S.C.154 (b) 

(Applications filed on or after May 29, 2000) 

The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance. 

Section l(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement 

that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent 

Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial 

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PTOL-85 (Rev. 02/11) 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 4 of 12 PageID #: 1494
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Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 5 of 12 PageID #: 1495
Notice of Allowability 

Application No. 

18/149,827 

Examiner 

JIMMY T NGUYEN 

Applicant(s) 

Finzo et al. 

Art Unit 

3725 I AIA (FITF) Status 

No 

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-­

All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included 

herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS 

NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative 

of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 

1.0 This communication is responsive to Track One request granted on 3/8/2023. 

DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ . 

2.0 An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the 

restriction requirement and election have been incorporated into this action. 

3.0 The allowed claim(s) is/are 1-19 . As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution 

Highway program at a participating intellectual property office for the corresponding application. For more information, please see 

http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov. 

4.0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). 

Certified copies: 

a) 0AII b) 0 Some* c) D None of the: 

1. D Certified copies of the priority documents have been received. 

2. 0 Certified copies of the priority documents have been received in Application No. 14/430163 . 

3. D Copies of the certified copies of the priority documents have been received in this national stage application from the 

International Bureau (PCT Rule 17.2(a)). 

* Certified copies not received: __ . 

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements 

noted below. Failure to timely comply will result in ABANDONMENT of this application. 

THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 

5.0 CORRECTED DRAWINGS (as "replacement sheets") must be submitted. 

D including changes required by the attached Examiner's Amendment / Comment or in the Office action of 

Paper No./Mail Date __ . 

Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of each 

sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d). 

6.0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the 

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. 

Attachment(s) 

1. 0 Notice of References Cited (PT0-892) 

2.0 Information Disclosure Statements (PTO/SB/08), 

Paper No./Mail Date __ . 

5. 0 Examiner's Amendment/Comment 

6. 0 Examiner's Statement of Reasons for Allowance 

3. D Examiner's Comment Regarding Requirement for Deposit 7. □ Other __ 

of Biological Material . 

4.0 Interview Summary (PT0-413), 

Paper No./Mail Date. 

/JIMMY T NGUYEN/ 

Primary Examiner, Art Unit 3725 

U.S. Patent and Trademark Office 

PTOL-37 (Rev. 08-13) Notice of Allowability Part of Paper No./Mail Date 20230322 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 6 of 12 PageID #: 1496
Application/Control Number: 18/149,827 

Art Unit: 3725 

DETAILED ACTION 

Notice of Pre-A/A or A/A Status 

Page 2 

The present application is being examined under the pre-AIA first to invent provisions. 

Election/Restrictions 

Restriction to one of the following inventions is required under 35 U.S.C. 121: 

I. Claims 1-19, drawn to a combination strapping device having a spring and an input 

device, classified in B65B13/22. 

II. Claim 20, drawn to a subcombination strapping device having a motor comprising a 

drive shaft connected to the rocker and the fraction welding device, classified in B65B13/32. 

The inventions are independent or distinct, each from the other because: 

Inventions I and II are related as combination and subcombination. Inventions in this 

relationship are distinct if it can be shown that (1) the combination as claimed does not require 

the particulars of the subcombination as claimed for patentability, and (2) that the 

subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant 

case, the combination as claimed in claims 1 and 19 does not require "rotation of the drive 

shaft in a second rotational direction opposite the first rotational direction moves the frictionwelding device downward from the release position to the welding position" as claimed in claim 

20. The subcombination has separate utility such as one that does not require a spring and an 

input device as claimed in claims 1 and 19. 

The examiner has required restriction between combination and subcombination 

inventions. Where applicant elects a subcombination, and claims thereto are subsequently 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 7 of 12 PageID #: 1497
Application/Control Number: 18/149,827 

Art Unit: 3725 

Page 3 

found allowable, any claim(s) depending from or otherwise requiring all the limitations of the 

allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. 

See MPEP § 821.04(a). Applicant is advised that if any claim presented in a continuation or 

divisional application is anticipated by, or includes all the limitations of, a claim that is allowable 

in the present application, such claim may be subject to provisional statutory and/or 

nonstatutory double patenting rejections over the claims of the instant application. 

Restriction for examination purposes as indicated is proper because all the inventions 

listed in this action are independent or distinct for the reasons given above and there would be 

a serious search and/or examination burden if restriction were not required because one or 

more of the following reasons apply: 

The inventions have acquired a separate status in the art due to their recognized 

divergent subject matter. 

Applicant is advised that the reply to this requirement to be complete must include (i) 

an election of an invention to be examined even though the requirement may be traversed (37 

CFR 1.143) and (ii) identification of the claims encompassing the elected invention. 

The election of an invention may be made with or without traverse. To reserve a right to 

petition, the election must be made with traverse. If the reply does not distinctly and 

specifically point out supposed errors in the restriction requirement, the election shall be 

treated as an election without traverse. Traversal must be presented at the time of election in 

order to be considered timely. Failure to timely traverse the requirement will result in the loss 

of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must 

indicate which of these claims are readable upon the elected invention. 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 8 of 12 PageID #: 1498
Application/Control Number: 18/149,827 

Art Unit: 3725 

Page 4 

Should applicant traverse on the ground that the inventions are not patentably distinct, 

applicant should submit evidence or identify such evidence now of record showing the 

inventions to be obvious variants or clearly admit on the record that this is the case. In either 

instance, if the examiner finds one of the inventions unpatentable over the prior art, the 

evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 

103(a) of the other invention. 

During a telephone conversation with Attorney Adam Masia on March 22, 2023 a 

provisional election was made without traverse to prosecute the invention of Group I, claims 1-

19. Claim 20 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as 

being drawn to a non-elected invention. 

Information Disclosure Statement 

The information disclosure statement ( IDS) is in compliance with the provisions of 37 

CFR 1.97. Accordingly, the information disclosure statement is being considered by the 

examiner. 

EXAMINER'S AMENDMENT 

An examiner's amendment to the record appears below. Should the changes and/or 

additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 

1.312. To ensure consideration of such an amendment, it M UST be submitted no later than the 

payment of the issue fee. 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 9 of 12 PageID #: 1499
Application/Control Number: 18/149,827 

Art Unit: 3725 

Page 5 

Authorization for this examiner's amendment was given in an interview with Attorney 

Adam Masia on March 24, 2023. 

The application has been amended as follows: 

In the specification, paragraph 1, line 2: 

After "2022,", add -- now U.S. patent number 11,560,245, granted on January 24, 2023, 

Cancel claim 20. 

Allowable Subject Matter 

Claims 1-19 are allowed. 

The following is an examiner's statement of reasons for allowance: 

Claim 1 is allowed because the art of record, considered alone or in combination, 

neither anticipates nor renders obvious a strapping device comprising: ... wherein the spring 

forces the rocker from the second rocker position toward the first rocker position responsive to 

the input device being released from the activated position, in combination with the rest of the 

claimed limitations. 

Claim 19 is allowed because the art of record, considered alone or in combination, 

neither anticipates nor renders obvious a strapping device comprising: ... wherein the spring 

forces the rocker from the second rocker position toward the first rocker position responsive to 

the input device being released from the activated position, in combination with the rest of the 

claimed limitations. 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 10 of 12 PageID #: 1500
Application/Control Number: 18/149,827 

Art Unit: 3725 

Page 6 

US 6,578,337 to Scholl et al discloses a strap tensioning device comprising a pivotable 

tensioning wheel (21), and a spring (64) for imparting a spring force to a rocker (18) (col. 6, lines 

36-40), a motor is operated to move the tensioning device from a first position to a second 

position (col. 7, lines 7-19). Scholl does not disclose the spring forces the rocker from the 

second rocker position toward the first rocker position responsive to the input device being 

released from the activated position. 

US 6,073,664 to Angarola discloses a strap tensioning tool comprising an input device 

{90), a spring {130) imparting a spring force to a rocker (40, 100). Angarola does not disclose the 

spring forces the rocker from the second rocker position toward the first rocker position 

responsive to the input device being released from the activated position. 

US 2011/0056392A1 to Nesser et al. discloses a strapping device comprising a rocker (8) 

movable relative to a tensioning wheel (7) (para. 49). Therefore, Neeser does not disclose the 

tensioning wheel pivotable with the rocker. 

Therefore, it is concluded by the Examiner that claims 1-19 are allowable over the prior 

art of record. 

Any comments considered necessary by applicant must be submitted no later than the 

payment of the issue fee and, to avoid processing delays, should preferably accompany the 

issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for 

Allowance." 

Any inquiry concerning this communication or earlier communications from the 

examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. 

The examiner can normally be reached Mon-Fri 8:30am-6pm - second Friday off. 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 11 of 12 PageID #: 1501
Application/Control Number: 18/149,827 

Art Unit: 3725 

Page 7 

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/JIMMY T NGUYEN/ 

Primary Examiner, Art Unit 3725 

March 24, 2023 

JIMMY T. NGUYEN 

Primary Examiner 

Art Unit 3725 

Case 2:24-cv-00080-JRG Document 57-12 Filed 10/17/24 Page 12 of 12 PageID #: 1502