Swenson misstates facts about appl. no. 11/336,194
In the matter of the plagiarism charge at Capella University (see IPBiz on June 18, 2007), IPBiz has a comment from the patent applicant (Swenson), who charged her professor (Bender) with plagiarism:
FYI-
Patent application was filed 1/05 not 2006. Provisional was then filed 1/06 and a utility patent was granted 7/06. Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al., Please note date correction.
Thank-you
As Werner Wolf would say, let's go to the videotape.
One can find published application 20060160053 ("Psychological development system") on the USPTO database. The APPLICATION (11/336,194) was PUBLISHED July 20, 2006. The published application says the application was filed on January 20, 2006. Filing in January 2006 and getting published in July 2006 does look a bit "speedy" (18 months is the rule of thumb).
The address for correspondence, given on the published application, is
PATTERSON, THUENTE, SKAAR & CHRISTENSEN, P.A.
4800 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS
MN
55402-2100
which is different from that given by the commenter. This discrepancy is explained on examining the file at PAIR.
The data on PAIR shows the filing date for application 11/336,194 to be 01-20-2006. The correspondence address in PAIR is
GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
and Michael Bondi, reg. no. 39616, is mentioned. One finds a "revocation and power of attorney" in the file, dated 25 August 2006, naming Gray, Plant, and thus showing that the commenter's remark Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al. to be inaccurate. Bondi may have filed that application, but it was filed through Patterson, Thuente. Gray, Plant entered the case AFTER the application had been filed (and published). One notes that the Gray, Plant "revocation and power of attorney" document of August 25, 2006 shows the application filing date to be January 20, 2006, contradicting the statement of the commenter. In fact, the commenter is contradicted by her own signing of the declaration on January 20, 2006 (not 2005), which is also in the file. The application claims priority to a provisional application, 60/645,433, filed January 20, 2005, as noted in the declaration signed by the commenter, Mary Swenson. Swenson is on record as understanding the provisional was filed in 2005 and the application in 2006.
To review the accuracy of Swenson's comment:
Patent application was filed 1/05 not 2006. [wrong] Provisional was then filed 1/06 [wrong] and a utility patent was granted 7/06 [wrong]. Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al.[wrong], Please note date correction.
IPBiz notes the inaccuracy of Swenson's statements.
**Separately, for all those who think that a utility patent has issued to Swenson on the '194 application, which group may include Swenson, Bender, their attorneys, and author Paul Tosto, IPBiz extends an open invitation to furnish the patent number of such patent. Just submit a comment below. In the absence of such delivery, this issue will be considered closed.
FYI-
Patent application was filed 1/05 not 2006. Provisional was then filed 1/06 and a utility patent was granted 7/06. Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al., Please note date correction.
Thank-you
As Werner Wolf would say, let's go to the videotape.
One can find published application 20060160053 ("Psychological development system") on the USPTO database. The APPLICATION (11/336,194) was PUBLISHED July 20, 2006. The published application says the application was filed on January 20, 2006. Filing in January 2006 and getting published in July 2006 does look a bit "speedy" (18 months is the rule of thumb).
The address for correspondence, given on the published application, is
PATTERSON, THUENTE, SKAAR & CHRISTENSEN, P.A.
4800 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS
MN
55402-2100
which is different from that given by the commenter. This discrepancy is explained on examining the file at PAIR.
The data on PAIR shows the filing date for application 11/336,194 to be 01-20-2006. The correspondence address in PAIR is
GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
and Michael Bondi, reg. no. 39616, is mentioned. One finds a "revocation and power of attorney" in the file, dated 25 August 2006, naming Gray, Plant, and thus showing that the commenter's remark Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al. to be inaccurate. Bondi may have filed that application, but it was filed through Patterson, Thuente. Gray, Plant entered the case AFTER the application had been filed (and published). One notes that the Gray, Plant "revocation and power of attorney" document of August 25, 2006 shows the application filing date to be January 20, 2006, contradicting the statement of the commenter. In fact, the commenter is contradicted by her own signing of the declaration on January 20, 2006 (not 2005), which is also in the file. The application claims priority to a provisional application, 60/645,433, filed January 20, 2005, as noted in the declaration signed by the commenter, Mary Swenson. Swenson is on record as understanding the provisional was filed in 2005 and the application in 2006.
To review the accuracy of Swenson's comment:
Patent application was filed 1/05 not 2006. [wrong] Provisional was then filed 1/06 [wrong] and a utility patent was granted 7/06 [wrong]. Patent attorney Michael Bondi filed the document through Gray, Plant, Mooty et al.[wrong], Please note date correction.
IPBiz notes the inaccuracy of Swenson's statements.
**Separately, for all those who think that a utility patent has issued to Swenson on the '194 application, which group may include Swenson, Bender, their attorneys, and author Paul Tosto, IPBiz extends an open invitation to furnish the patent number of such patent. Just submit a comment below. In the absence of such delivery, this issue will be considered closed.
posted by Lawrence B. Ebert at 5:41 AM
1 Comments:
The Pioneer Press will correct the article. We also apologize for any resulting confusion. The first provisional application was filed 1/05 and the utility application followed on 1/06. It was published 7/06 and is in a patent pending status until examination. Thank-you for your attention to this matter. Hopefully we are clear now.
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