`
`Attorney Docket No. 12654-42
`
`No. 10/764,076, Serial No. 11/868,827, and reexamination of U.S. Pat. No. 6,064,970
`
`(Serial No. 90/011,252).
`
`U.S. Patent No. 6,064,970 is the subject of litigation in Progressive Casualty
`
`Insurance Company v. Safeco Insurance Company of Illinois, et a/., Case No. 1:10-cv-
`
`01370-PAG,
`
`in the U.S. District Court for the Northern District of Ohio. On November
`
`12, 2010, the court stayed the litigation pending the outcome of this reexamination.
`
`Therefore,
`
`the litigation is currently closed, but will be reopened upon immediate
`
`notification of either party after the conclusion of the reexamination process.
`
`By submitting this Statement, Applicants are attempting to fully comply with the
`
`duty of candor and good faith mandated by 37 CFR §1.56. As such, this Statement is
`
`not intended to constitute an admission that any of the enclosed references, or other
`
`information referred to therein, constitutes "prior art” or
`
`is otherwise “material
`
`to
`
`patentabi|ity,” as that phrase is defined in 37 CFR §1.56(a).
`
`The Applicants have calculated no fee to be due in connection with the filing of
`
`this Information Disclosure Statement. However, the Director is authorized to charge
`
`any fee deficiency associated with the filing of this Information Disclosure Statement to
`
`a deposit account, as authorized in the Transmittal accompanying this Information
`
`Disclosure Statement.
`
`March 9, 2011
`Date
`
`Respectfully submitted,
`
`/James A. Collinsl
`James A. Collins
`
`(Reg. No. 43,557)
`
`BRINKS
`HOFER
`GILSDN
`&L|0NE
`
`Page 001249
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IIVTTED STATES T)F'.PAR'l'\fF'.\l'I‘ OF (‘,Ol\’|'lVlF‘.R(“,F}
`United States Patent and Trademark Office
`Address. COMl\/lTSST0\TFIfi‘, FOR PATENTS
`P O Box 1450
`Alexandria, YI.IgJIia Z2313-1450
`Vvviwusptogov
`FIRST NAVED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`APPLICATION NUMBER
`
`FILING OR 371(C) DATE
`
`12/ 1 32,487
`
`06/03/2008
`
`757
`BRINKS HOFER GILSON & LIONE
`P.o. BOX 10395
`CHICAGO, IL 60610
`
`Raymond Scott Ling
`
`12654/42
`CONFIRMATION NO. 7812
`POA ACCEPTANCE LETTER
`
`l|||l|||||||||||||||||IlllflilllllllllllllllIllllflllllllllllllll|||l||l||||||||||||l|||
`00000004
`80 79
`Date Mailed: 10/27/2010
`
`NOTICE OF ACCEPTANCE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorney filed 09/03/2008.
`
`The Power of Attorney in this application is accepted. Correspondence in this application will be mailed to the
`above address as provided by 37 CFR 1.33.
`
`/tI11IguyeI1/
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`Page 001250
`
`
`
`Attorney Docket No. 12654/42
`
`Inventors:
`
`Raymond Ling, Richard Hutchinson, Wilgert Steigenrvald lll, William
`Say, Patrick O'Malley, Dane Shrallow, and William Everett
`
`Title of App|n.: VEHICLE MONITORING SYSTEM
`
`POWER OF ATTORNEY BY ASSIGNEE
`AND CORRESPONDENCE ADDRESS INDICATION
`
`The specification of the above-identified patent application:
`
`I:|
`
`is attached hereto.
`
`IX] was filed on June 3 2008 as U.S. application No. 12/132 487.
`
`As required by 37 CFR 3.73(b)(1), the documentary evidence of the chain of title from the original owner to
`the assignee was, or concurrently is being, submitted for recordation pursuant to 37 CFR 3.11.
`
`Progressive Casualty Insurance Company, an Ohio Co_rporation, (“ASSIGNEE”) certifies that it is the assignee of the entire right,
`title and interest in the patent application identified above by virtue of either:
`
`E]
`
`An assignment from the inventor(s) of the patent application identified above,
`
`D
`
`I]
`
`a copy of which was recorded in the Patent and Trademark Office at Reel
`
`, frame
`
`, or
`
`a copy thereof which is attached hereto and another copy thereof which is being recorded
`concurrently herewith pursuant to 37 CFR 3.11; OR
`
`E A chain of title from the inventor(s) of the patent application identified above, to the current assignee as
`shown below:
`
`1.
`
`From Raymond Ling, Richard Hutchinson, Wilgerl Steigerwald Ill, William Say, Patrick O‘Malley,
`Dane Shrallow, and William Everett to Progressive Casualty Insurance Company.
`The document was recorded in the Patent and Trademark Office at Reel 021360, Frame 0881, or a
`copy thereof is attached.
`From
`to
`The document was recorded in the Patent and Trademark Office at Reel
`copy of which is attached.
`
`, Frame
`
`|:]
`
`Additional documents in the chain of title are listed on a supplemental sheet.
`
`ASSIGNEE hereby revokes all previously granted powers of attorney in the above identified patent application and appoints the
`Practitioners named below as my/our attorney(s) or agent(s), with full power of substitution and revocation, to prosecute this
`application and any continuations, divisions, reissues, and reexaminations thereof,
`to receive the patent(s),
`to transact all
`business in the United States Patent and Trademark Office connected therewith, and to act on ASS|GNEE’S behalf before the
`competent International Authorities in connection with any and all international applications filed by ASSIGNEE:
`
`James A. Collins — Reg. No. 43,557
`Gustavo Siller, Jr. — Reg. No. 32,305
`Joseph S. Hanasz — Reg. No. 54,720
`
`Please recognize or change the correspondence address for this application to the address associated with the above—mentioned
`Customer Number. Please direct all telephonic and facsimile communications to:
`
`James A. Collins - Reg. No. 43,557
`(312) 321-4200; Fax:
`(312) 321-4299
`
`Te|.:
`
`The undersigned hereby authorizes the Practitioners associated with the above Customer Number to accept and follow
`instructions from James A. Collins as to any action to be taken in the Patent and Trademark Office regarding this application
`without direct communication between the Practitioners and the undersigned.
`In the event of a change in the persons from whom
`instructions may be taken, the Practitioners will be so notified by the undersigned.
`
`The undersigned (whose title is supplied below) is empowered to act on behalf of ASSIGNEE.
`
`Page 001251
`
`
`
`l hereby declare that all statements made herein of my own knowledge are true, and that all statements made on information and
`belief are believed to be true; and further, that these statements are made with the knowledge that willful false statements, and
`the like so made, are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements
`may jeopardize the validity of the application or any patent issuing thereon.
`
`Signature E Date: Oak. 8 more
`Name:
`Dane A. Shrallow
`Title:
`Associate General Counsel
`
`Page 001252
`
`
`
`Electronic Acknowledgement Receipt
`
`8657308
`
`Confirmation Number:
`
`Title of Invention:
`
`VEHICLE MONITORING SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Raymond Scott Ling
`
`Customer Number:
`
`00757
`
`Filer Authorized By:
`
`James A. Collins
`
`Attorney Docket Number:
`
`12654/42
`
`Filing Date:
`
`03-JUN-2008
`
`Time Stamp:
`
`17:23:44
`
`Application Type:
`
`Utility under 35 USC 11 1(a)
`
`Payment information:
`
`Document
`Number
`
`Document Description
`
`File Size(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part /.zip (if appl.)
`
`Miscellaneous Incoming Letter
`
`transforpoa42.PDF
`
`a33l d88lb973el0e0360(l badb(b0ab5ee0
`5:39] 9
`
`Information:
`
`Page 001253
`
`
`
`Power of Attorney
`
`poa42.PDF
`
`N8 1 9Ua78hah74rIU89f97 W615(‘BM5had(If
`3I334
`
`Information:
`
`Total Files Size (in bytes)
`
`118478
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 001254
`
`
`
`CERTIFICATE OF EFS FILING UNDER 37 CFR §1.8
`I hereby certify that this correspondence is being electronically transmitted to the United States Patent and Trademark
`Office, Commissioner for Patents, via the EFS pursuant to 37 CFR §1_8 on the below date:
`
`Date: October 19 2010
`
`Name: James A. Collins Rea. No.43 557
`
`Signature:
`
`/James A. Collinsl
`
`BRINKS
`
`HOFER
`
`GILSON
`
`&LIONE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Appln. of: Raymond S. Ling et al.
`
`Appln. No.:
`
`12/132,487
`
`Filed:
`
`For:
`
`June 3, 2008
`
`Examiner:
`
`Robert R. Niquette
`
`Art Unit:
`
`3695
`
`VEHICLE MONITORING SYSTEM
`
`Conf. No.:
`
`7812
`
`TRANSMITTAL
`
`Attorney Docket No.:
`
`12654-42
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Attached islare:
`
`Transmittal and Power of Attorney.
`IX
`Fee calculation:
`
`IXI
`
`|:]
`I:l
`
`I]
`I___I
`
`No additional fee is required.
`
`Small Entity.
`An extension fee in an amount of $? for a
`
`A petition or processing fee in an amount of $
`An additional filing fee has been calculated as shown below:
`
`- month extension of time under 37 CFR § 1.136(a).
`under 37 CFR§1.17(
`)
`.
`
`Claims Remaining
`After Amendment
`
`Highest No.
`Previously Paid For
`
`Small Entity
`
`Not a Small Entity
`
`Add'| Fee
`
`Rate
`x $26:
`
`Rate
`
`Add'| Fee
`
`x $52=
`
`First Presentation of Multiple De . Claim
`
`Fee payment:
`
`D
`C]
`®
`
`for
`Please charge Deposit Account No. 23-1925 in the amount of $
`Payment by credit card in the amount of $
`(Form PTO-2038 is attached).
`The Director is hereby authorized to charge payment of any additional filing fees required under 37 CFR § 1.16
`and any patent application processing fees under 37 CFR § 1.17 associated with this paper (including any
`extension fee required to ensure that this paper is timely filed), or to credit any overpayment,
`to Deposit
`Account No. 23-1925.
`
`.
`
`October 19, 2010
`Date
`
`Respectfully submitted,
`
`/James A. Collinsl
`James A. Collins (Reg. No. 43,557)
`
`BRINKS
`HOFER
`GILSON
`&L|ONE
`
`BRINKS HOFER GILSON 8- LIONE
`NBC Tower— Suite 3600, 455 N. Cityfront Plaza Drive, Chicago, IL 60611-5599
`
`Page 001255
`
`
`
`FORM PTO-1449
`
`SERIAL NO.
`12/132,487
`LIST OF PATENTS AND PUBLICATIONS FOR
`FILING DATE
`APPL|CANT’S INFORMATION DISCLOSURE STATEMENT
`June 3, 2008
`(use several sheets if necessary) APPL|CANT(S):
`Raymond S. Ling et al.
`
`CASE NO.
`12654-42
`GROUP ART UNIT
`
`3695
`CONFIRMATION NO"
`
`REFERENCE DESIGNATION
`
`U.S. PATENT DOCUMENTS
`
`EXAMINER
`INITIAL
`
`FILING
`
`1
`
`U1450)I0
`
`CLASSI
`DOCUMENT
`SUBCI-ASS
`NumberNl(gIII\f:EleE(§known
`05/16/2000 Lesesk etal. —
`us 6,064,299
`oe/25/2002 Lesesk etal. —
`us 5,411,203 B1
`01/07/2003T
`US 6,505.106 B1
`03/04/2003M
`use,529.723 B1
`T
`O4/12/2005
`Smith et al.
`US 6,879,962 B1
`—-
`—-
`—-
`—— —
`—_ _
`—_ _
`———_
`———_
`
`EXAMINER
`INITIAL
`
`DOCUMENT
`NUMBER
`Number-Kind Code if known
`
`DATE
`
`COUNTRY
`
`CLASSI
`SUBCLASS
`
`TRANSLATION
`YESOR N0
`
`FOREIGN PATENT DOCUMENTS
`
`EXAMINER
`INITIAL
`
`OTHER ART — NoN PATENT LITERATURE DOCUMENTS
`(Include name of author, title of the article (when appropriate), title of the item (book, magazine, journal, serial,
`5 mosium, catalo, etc. , date pae s , volume-issue number s ublisher, cit and/or count where ublished.
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP
`609; Draw line through citation if not in conformance and not considered.
`Include copy of this
`form with next communication to applicant.
`
`Page 001256
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`03-Jun-2008
`
`Title of Invention:
`
`VEHICLE MONITORING SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Raymond Scott Ling
`
`Filer:
`
`James A. Collins/Tina Sieczkowski
`
`Attorney Docket Number:
`
`12654/42
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-lssuance:
`
`Extension-of-Time:
`
`Page 001257
`
`
`
`Description
`
`Miscellaneous:
`
`Submission— Information Disclosure Stmt
`
`Sub-Total in
`USD($)
`
`Total in USD ($)
`
`Page 001258
`
`
`
`Electronic Acknowledgement Receipt
`
`8260771
`
`Confirmation Number:
`
`Title of Invention:
`
`VEHICLE MONITORING SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Raymond Scott Ling
`
`Customer Number:
`
`00757
`
`Filer Authorized By:
`
`James A. Collins
`
`Attorney Docket Number:
`
`12654/42
`
`Filing Date:
`
`03-JUN-2008
`
`Time Stamp:
`
`16:35:42
`
`Application Type:
`
`Utility under 35 USC 11 1(a)
`
`Payment information:
`
`Submitted with Payment
`
`PaymentType
`
`yes
`
`Deposit Account
`
`Payment was successfully received in RAM
`
`$180
`
`Deposit Account
`
`231925
`
`Authorizeduser —
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`Page 001259
`
`
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`Document
`Number
`
`Document Description
`
`Miscellaneous Incoming Letter
`
`transfor3rdids.PDF
`
`Pages
`Multi
`Part l.zip (ifappl.)
`
`File Size(Bytes)/
`Message Digest
`41624
`
`1fd68dl68f0b76ldl7550c658l ‘)D96bcl7d(
`(€33
`
`Warnings:
`
`9a6264l 8420a425al9674lD663ll bl ddbl 5a
`8£‘d2
`
`Information Disclosure Statement (IDS)
`Filed (SB/08)
`
`3rdids1449.PDF
`
`5797fl‘ffe48f575aB(l 2E8 l9d5d(2520fXldfl
`a9
`
`This is not an USPTO supplied IDS fillable form
`
`Fee Worksheet (PTO-875)
`
`fee-info.pdf
`
`30328
`
`cb169b771324cd952cl b4f9b6d4c917680
`c4d29
`
`Warnings:
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in clue course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCTIRO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 001260
`
`
`
`CERTIFICATE or EFS FILING UNDER 37 CFR §1.a
`I hereby certify that this correspondence is being electronically transmitted to the United States Patent and Trademark
`Office, Commissioner for Patents, via the EFS pursuant to 37 CFR §1.8 on the below date:
`
`Date: August 20 2010
`
`Name: James A. Qollins Reg. No. 43 557
`
`Signature: Names A. Collins!
`
`B RI N K S
`
`H 0 F E R
`G l L S 0 N
`
`8‘ L I 0 N E
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Appin. of: Raymond S. Ling et al.
`
`Appin. No.:
`
`12/132,487
`
`Examiner: Robert R. Niquette
`
`Filed:
`
`For:
`
`June 3, 2008
`
`Art Unit:
`
`3695
`
`VEHICLE MONITORING SYSTEM
`
`Conf. No.: 7812
`
`Attorney Docket No.:
`
`12654/42
`
`TRANSMITTAL
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Attached islare:
`
`Transmittal; Third Supplemental Information Disclosure Statement; and Form PTO—1449.
`E
`Fee calculation:
`
`No additional fee is required.
`Small Entity.
`
`An extension fee in an amount of $__ for a T—month extension of time under 37 CFR § 1.136(a).
`
`A petition or processing fee in an amount of we under 37 CFR § 1.17(p).
`An additional filing fee has been calculated as shown below:
`
`III
`[I
`XI
`El
`
`V Claims Remaining
`Total
`
`After Amendment
`
`Highest No.
`
`Previous! Paid For
`
`First Presentation of Multi
`
`Ie Dep. Claim
`
`Fee payment:
`
`I
` Not a Small Entit
`
`Rate
`
`Add'| Fee
`
`Rate
`
`Add‘l Fee
`
`Please charge Deposit Account No. 23-1925 in the amount of $180.00 for Information Disclosure Statement.
`K4
`Payment by credit card in the amount of $
`(Form PTO-2038 is attached).
`I:l
`E The Director is hereby authorized to charge payment of any additional filing fees required under 37 CFR § 1.16
`and any patent application processing fees under 37 CFR § 1.17 associated with this paper (including any
`extension fee required to ensure that this paper is timely filed), or to credit any overpayment,
`to Deposit
`Account No. 23-1925.
`
`August 20, 2010
`Date
`
`Respectfully submitted.
`
`/James A. Collins]
`James A. Collins (Reg. No. 43,557)
`
`Page 001261
`
`
`
`CERTIFICATE OF EFS FILING UNDER 37 CFR §‘l .8
`I hereby certify that this correspondence is being electronically transmitted to the United States Patent and Trademark
`Office, Commissioner for Patents, via the EFS pursuant to 37 CFR §1.8 on the below date:
`
`Date: August 20 2010
`
`Name: James A, Collins Reg. No. 43 557
`
`Signature: IJames A. Qollinsl
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Appln. of: Raymond S. Ling et al.
`
`Appln. No.:
`
`12/132,487
`
`Examiner: Robert R. Niquette
`
`Filed:
`
`For:
`
`June 3, 2008
`
`VEHICLE MONITORING
`SYSTEM
`
`Attorne Docket No: 12654/42
`
`Art Unit: 3695
`
`Confirmation No. 7812
`
`THIRD SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`In accordance with the duty of disclosure under 37 CFR §1.56 and §§1.97—1.98,
`
`and more particularly in accordance with 37 C.F.R. §1.97(c), Applicants hereby cite the
`
`following reference(s):
`
`DOCUMENT N0- ‘HIM
`US 6.064.299
`US 6.411.203 B1
`U8 6.505.106 B1
`U3 6.529.723 B1
`U8 6.879.962 B1
`
`Applicants are enclosing Form PTO-1449 (one sheet) along with a copy of each
`
`listed reference for which a copy is required under 37 C.F.R. §1.98(a)(2). As each of
`
`the listed references is in English, no further commentary is believed to be necessary,
`
`37 C.F.R §1.98(a)(3). Applicants respectfully request the Examiner's consideration of
`
`the above reference(s) and entry thereof into the record of this application.
`
`BRINKS
`HDFER
`GILSON
`&L|0NE
`
`Page 001262
`
`
`
`Application No. 12/132,487
`
`Attorney Docket No. 12654/42
`
`Additionally, Applicants respectfully request that the Examiner review the claims
`
`and prosecute history, including any Office Actions issued by the USPTO for co-pending
`
`related serial numbers 10/764,076,
`
`filed January 23, 2004, and 11/868,827,
`
`filed
`
`October 8, 2007.
`
`By submitting this Statement, Applicants are attempting to fully comply with the
`
`duty of candor and good faith mandated by 37 C.F.R. §1.56. As such, this Statement is
`
`not intended to constitute an admission that any of the enclosed references, or other
`
`information referred to therein, constitutes “prior art” or
`
`is otherwise "material
`
`to
`
`patentabi|ity," as that phrase is defined in 37 C.F.R. §1.56(a).
`
`The Applicants have calculated a processing fee in the amount of $180.00 to be
`
`due under 37 CFR §1.17(p) in connection with the filing of this Information Disclosure
`
`Statement. Applicants have enclosed a check covering this fee, or authorized charging
`
`the fee to a deposit account or credit card, as indicated in the Transmittal accompanying
`
`this Information Disclosure Statement.
`
`August 20, 2010
`Date
`
`Respectfully submitted,
`
`/James A. Collinsl
`James A. Collins
`
`Registration No. 43,557
`
`BRINKS
`HOFER
`GILSON
`3sL|ONE
`
`Page 001263
`
`
`
`FORM PTO—1449
`
`LIST OF PATENTS AND PUBLICATIONS FOR
`APPLICANT’S INFORMATION DISCLOSURE STATEMENT
`
`(use several sheets if necessary)
`
`I APPLICANTS: Ling et al.
`
`SERIAL NO.:
`
`CASE NO.:
`
`12/132,487
`FILING DATE:
`June 3, 2008
`
`12654/42
`GROUP ART UNIT:
`
`3695
`
`CONFIRMATION Nggm
`
`REFERENCE DESIGNATION
`
`U.S. PATENT DOCUMENTS
`
`DOCUMENT
`EXAMINER
`Numbem(iLr’II!v(l3E1E(i$known)
`IN
`— 6.225.898 B1
`
`CLASSI
`SUBCI-Ass
`05/01/2001 -—
`
`FILING
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP
`609; Draw line through citation if not in conformance and not considered.
`Include copy of this
`form with next communication to applicant.
`
`Page 001264
`
`
`
`Electronic Acknowledgement Receipt
`
`7935982
`
`Confirmation Number:
`
`Title of Invention:
`
`VEHICLE MONITORING SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Raymond Scott Ling
`
`Customer Number:
`
`00757
`
`Filer Authorized By:
`
`David Paul Lindner
`
`Attorney Docket Number:
`
`Filing Date:
`
`03-JUN-2008
`
`Time Stamp:
`
`15:24:13
`
`Application Type:
`
`Utility under 35 USC 11 1(a)
`
`Payment information:
`
`Document
`Number
`
`Document Description
`
`l2654_42_1.pdf
`
`Pages
`Multi
`Part /.zip (if appl.)
`
`File Size(Bytes)/
`Message Digest
`148387
`
`dlbl5ba92b857f(cc303dSL143eee99laD74
`0324
`
`Page 001265
`
`
`
`Multipart Description/PDF files in .zip description
`
`Document Description
`
`Miscellaneous Incoming Letter
`
`Transmittal Letter
`
`Information Disclosure Statement (IDS) Filed (SB/08)
`
`Warnings:
`Information:
`
`Total Files Size (in bytes)
`
`148387
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0lE0l903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 001266
`
`
`
`I hereby certify that this corresponds
`Commissioner’f57F‘
`ls, viathe
`Signature:
`V7
`\
`3‘;
`L ;—"€
`
`H O F E R
`CERTIFICATE OF EFS FILING UNDER 37 CFR §1.8
`is.b‘eing electr nically transmitted to the United States Patent and Trademark Office, ea
`Spurs ‘ nt,f63
`R 1. o ‘.Date:Ju 132010 Name: David P. Lindner-Rea. No. 53 222
`G |
`|_ 3 0 N
`J
`T
`V/«
`'\~._‘)’‘“*-x
`e "
`
`\{
`
`“
`
`BRINKS
`
`&L|0NE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`in re Appln. of: Ling et al.
`
`Appln. No.:
`
`12/132,487
`
`Examiner: Robert R. Niquette
`
`Filed:
`
`For:
`
`June 3, 2008
`
`Group Art Unit:
`
`VEHICLE MONITORING SYSTEM
`
`Confirmation No.:
`
`3695
`
`7812
`
`Attorneggket No.:
`
`12654/42
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Attached islare:
`
`TRANSMITTAL
`
`Transmittal (p.1); Second Supplemental Information Disclosure Statement and Form PTO 1449 (pp. 2-4).
`IXI
`Fee calculation:
`
`[2]
`El
`[:1
`El
`El
`
`No additional fee is required.
`Small Entity.
`An extension fee in an amount of $__ for a ___—month extension oftime under 37 CFR § 1.136(a).
`A petition or processing fee in an amount of $
`under 37 CFR § 1.17(Q).
`An additional filing fee has been calculated as shown below:
`
`Claims Remaining
`After Amendment
`
`Highest No.
`Previousl Paid For
`
`Not a Small Entit
`
`Rate
`
`Add'| Fee
`
`First Presentation of Multiple Dep. Claim
`
`Fee payment:
`
`I]
`CI
`
`IX
`
`for
`Please charge Deposit Account No. 23-1925 in the amount of $
`Payment by credit card in the amount of $
`(Form PTO-2038 is attached).
`
`The Director is hereby authorized to charge payment of any additional filing fees required under 37 CFR § 1.16
`and any patent application processing fees under 37 CFR § 1.17 associated with this paper (including any
`extension fee required to ensure that this paper is timely filed), or to credit any overpayment, to Deposit
`Account No. 23-1925.
`
`K>Di.\.‘
`
`Date
`
`\; 2010
`
`Page 001267
`
`
`
`CERTIFICATE OF TRANSMISSION UNDER 37 C.F.R. §1.8
`I hereby certify that this correspondence, including recited attachments, is being electronically transmitted to the United States Patent and
`Trademark Office on: Date:
`Jul
`1
`040.,
`Name: David P. Li
`ner — Re . No, 53 222
`I //F
`“T
`.
`'
`Signature: V
`<‘W__,/A
`
`‘
`
`,
`~’”/
`
`I
`
`‘
`
`V,
`
`/4
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Appln. of:
`
`Ling et al.
`
`Appln. No.:
`
`12/132,487
`
`Examiner: Robert R. Niquette
`
`Filed:
`
`For:
`
`June 3, 2008
`
`VEHICLE MONITORING
`SYSTEM
`
`Group Art Unit No.: 3695
`
`Confirmation No.:
`
`7812
`
`Attorney Docket No.: 12654/42
`
`SECOND SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`In accordance with the duty of disclosure under 37 CFR §1.56 and §§1.97-1.98,
`
`and more particularly in accordance with 37 CFR §1.97(b), Applicants hereby cite the
`
`following references:
`
`U.S. PATENT DOCUMENTS
`
`DOCUMENT N0.
`6,225,898 B1
`
`DATE jmiilj
`05/01/2001
`
`Applicants are enclosing Form PTO-1449 (one sheet), along with a copy of each
`
`listed reference for which a copy is required under 37 CFR §1.98(a)(2). Pursuant to the
`
`undersigned attorney’s obligation and duties under 37 CFR §§ 1.56 and 1.98(a)(3) and
`
`(0), either English language abstracts, partial
`
`translations, or full
`
`translations are
`
`included for patent documents which are not
`
`in English for the express purpose of
`
`providing a concise explanation of the references to the Patent and Trademark Office
`
`with the opportunity to evaluate the same. Applicants
`
`respectfully request
`
`the
`
`BRINKS
`HDFER
`GILSON
`&L|0NE
`
`Page 001268
`
`
`
`Electronically Transmitted on: July 1, 2010
`Application Serial No.: 12/132,487
`
`Attorney Docket No.: 12654/42
`
`Examiner's consideration of the above references and entry thereof into the record of
`
`this application.
`
`Additionally, Applicants respectfully request that the examiner review the claims
`
`and prosecution history,
`
`including any Office Actions issued by the USPTO for co-
`
`pending related serial numbers 10/764,076, filed January 23, 2004, and 11/868,827,
`
`filed October 8, 2007.
`
`By submitting this Statement, Applicants are attempting to fully comply with the
`
`duty of candor and good faith mandated by 37 CFR §1.56. As such, this Statement is
`
`not intended to constitute an admission that any of the enclosed references, or other
`
`information referred to therein, constitutes "prior art” or
`
`is otherwise “material
`
`to
`
`patentability,” as that phrase is defined in 37 CFR §1.56(a).
`
`The Applicants have calculated no fee to be due in connection with the filing of
`
`this Information Disclosure Statement. However, the Director is authorized to charge
`
`any fee deficiency associated with the filing of this Information Disclosure Statement to
`
`a deposit account, as authorized in the Transmittal accompanying this Information
`
`Disclosure Statement.
`
`(_\_;l,‘4l_\
`Date
`
`I
`
`20/0
`
`Respectfully submitted,
`
`“I
`
`X
`,,
`’
`N:
`Davi P. Lindnet
`
`(Reg. No. 53,222)
`
`BRINKS
`HOFER
`GILSON
`&L|0NE
`
`Page 001269
`
`
`
`12/132,487
`
`June 3, 2008
`
`12654/42
`
`3693
`
`CONFIRMATION N381”
`
`CLASSI
`SU BCI-Ass
`
`FILING
`
`DOCUMENT
`Numbefl(ILrIciNlE:EEknown
`7,191,058 B2
`7,030,781 B2
`6,952,645 B1
`6,904,359 B2
`6,823,258 B2
`6,807,469 B2
`6,804,606 B2
`6,741,927 B2
`6,714,859 B2
`6,788,207 B2
`6,771,176 B2
`6,745,151 B2
`6,701,234 B1
`6,622,070 B1
`6,618,668 B1
`6,556,905 B1
`6,556,899 B1
`6,499,114 B1
`6,459,969 B1
`6,421,791 B1
`6,393,346 B1
`6,360,145 B1
`6,298,290 B1
`6,295,492 B1
`6,278,936 B1
`6,246,934 B1
`6,204,757 B1
`6,189,057 B1
`6,181,994 B1
`6,169,943 B1
`6,167,333
`6,141,611
`6,088,636
`6,064,970
`5,919,239
`5,884,202
`5,815,071
`5,815,070
`5,758,300
`
`Laird et al.
`03/13/2007
`Jones
`04/18/2006
`Jones
`10/04/2005
`Jones
`06/07/2005
`Ukai et al.
`11/23/2004
`Funkhouser et al.
`10/19/2004
`Jones
`10/12/2004
`Jones
`05/25/2004
`Jones
`03/30/2004
`09/07/2004 Wilkerson
`08/03/2004 Wilkerson
`06/01/2004
`Marko et al.
`03/02/2004 Voelsan
`09/16/2003 Wacker et al.
`09/09/2003
`Laird
`04/29/2003 Mittelsteadt et al.
`04/29/2003
`Harve et al.
`12/24/2002
`Almstead et al.
`10/01/2002
`Bates et al.
`07/16/2002
`Cocco et al
`05/21/2002
`Keith et al.
`03/19/2002
`Robinson
`10/02/2001
`Abe et al.
`09/25/2001
`Lan et al.
`08/21/2001
`Jones
`06/12/2001
`Otake et al.
`03/20/2001
`Evans et al.
`02/13/2001
`Schwanz et al.
`01/30/2001
`Colson et al.
`01/02/2001
`Simon et al.
`12/26/2000
`Gehlot
`10/31/2000 Macke et al.
`07/11/2000
`Chi umira et al.
`05/16/2000
`McMillan et al.
`07/06/1999
`Fraker et al.
`03/16/1999
`Ar'omand
`09/29/1998
`09/29/1998
`05/26/1998
`
`Yoshikawa
`Abe
`
`DATE CONSIDERED
`
`WWWWWCU(A)(AJ<JJ(A)(.0(XJNIOJCJ1-h(.0
`
`B39
`
`‘———
`
`EXAMINER
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP
`609; Draw line through citation if not in conformance and not considered.
`Include copy of this
`form with next communication to applicant.
`
`APPL|CANT’S INFORMATION DISCLOSURE STATEMENT
`
`LIsT OF PATENTS AND PUBLICATIONS FOR
`(use several sheets if necessary)
`IAPPLICANTS: Ling et al.
`
`REFERENCE DESIGNATION
`
`U.S. PATENT DOCUMENTS
`
`1
`
`3 4
`
`EXAMINER
`IN
`
`10
`1
`
`WWWWWWWWW_x_\_\_L_xmg(AJI0
`
`1(.IIJ0~J0JI\)|QI\)l\JI\JI\J—l—\
`
`
`I\J—\O(D0301-P-0)|\JOCOWN
`
`-I>-
`
`C301
`
`1 1 2 2
`
`——_—__—‘———————_——_—
`
`Page 001270
`
`
`
`APPLICANT 3 INFORMATION DISCLOSURE STATEMENT
`(use several sheets if necessary)
`
`‘I2/132,487
`
`F'””G DATE:
`
`June 3, 2008
`
`12554/42
`
`CASE ”°‘
`GR°”P ART “N”
`3693
`CONFIRMATION NO.: 7812
`
`REFERENCE DESIGNATION
`
`U.S. PATENT DOCUMENTS
`
`EXAMINER
`INITIAL
`
`DOCUMENT
`Number-Kind Code if known
`NUMBER
`
`5,737,71 1
`5,732,074
`5,570,087
`5,550,738
`5,546,305
`5,442,553
`5,325,082
`4,926,331
`4,692,882
`4,685,061
`4,671,1 1 1
`4,395,624
`4,271,402
`4,258,430
`4,258,421
`4,072,850
`4,013,875
`3,938,092
`3,792,445
`3,716,679
`3,388,404
`2004/0167689 A1
`2004/0138790 A1
`2003/0163664 A1
`2003/0050747 A1
`2003/0009270 A1
`2002/0173885 A1
`2002/0169529 A1
`2002/0133273 A1
`2002/0150050 A1
`2002/0143447 A1
`2002/0133273 A1
`2002/0059156 A1
`2002/0070851 A1
`2001/0044733 A1
`
`CLASSI
`SU BC LASS
`
`FILING
`DATE
`
`DATE
`
`04/07/1998
`03/24/1998
`10/29/1996
`08/27/1 996
`08/13/1996
`08/15/1995
`06/28/1994
`05/15/1990
`09/08/1987
`08/04/1987
`06/09/1987
`07/26/1983
`06/02/1981
`03/24/1981
`03/24/1981
`02/07/1978
`03/22/1977
`02/10/1976
`02/12/1974
`02/13/1973
`06/1 1/1968
`08/26/2004
`07/15/2004
`08/28/2003
`03/13/2003
`01/09/2003
`1 1/21/2002
`1 1/14/2002
`10/19/2002
`10/17/2002
`10/03/2002
`09/19/2002
`05/16/2002
`06/13/2002
`1 1/22/2001
`
`Abe
`Saur et al.
`Lemelson
`Baile et al.
`Kondo
`Parrillo
`Rodriuez
`Windle et al.
`Skovaard et al.
`Whitaker
`Lemelson
`Wartski
`Kastura et al.
`T burski
`Juhasz et al.
`McGI nn
`McG| nn
`Callahan
`-
`Bucks etal.
`Graesslin et al.
`
`Bromle etal.
`Kaolka et al.
`Kanda
`Kami a
`Breed
`Lowre etal.
`Kim
`Lowre etal.
`Nathanson
`
`Lowre et al.
`Hwan et al.
`Raichle et al.
`Lee et al.
`
`40
`41
`4
`
`G0I\)
`44
`4
`
`WUJWWWUJUU-P-J8-J5-B-hOf.D(D\IO)<J1
`WU