UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Siaies Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`7590
`36405
`01117/2007.
`MANNA VA & KANG, P,C,
`8221 Old Courthouse Road
`Suite 104
`Vienna, VA 22182
`
`EXAMINER
`
`KANG, PAUL H
`
`ART UNIT
`
`PAPER NUMBER
`
`2144
`DATE MAILED: 01/17/2007
`
`APPLICA TION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/17/2001
`09/953,408
`003636.0068
`Michael J. Miller
`TITLE OF INVENTION: SYSTEM FOR AUTOMATED, MID-SESSION, USER-DIRECTED, DEVICE-TO-DEVICE SESSION TRANSFER SYSTEM
`
`5554
`
`APPLN.TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICA nON FEE DUE
`
`PREVo PAID ISSUE fEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`non provisional
`
`NO
`
`$1400
`
`$300
`
`$0
`
`$1700
`
`04/17/2007
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`
`TilE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
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`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`L Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
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`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, oris now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 112
`the ISSUE FEE shown above.
`
`II. PART B FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Feces) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
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`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PTOIA5 (Rev, 07/06) Approved for lISC Ihrough 04/30/2007.
`
`Page 1 of3
`
`Unified Patents Inc., Ex. 1004, pg. 1
`
`

`

`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax
`(571)-273-2885
`INSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless co'!ccted below or directed otherwise in Block I, by (a) specifying a new correspondence address; andlor (b) indicating a separate "FEE ADDRESS" for
`malOtenance fee nottficatlons.
`.
`CURRENT CORRESPONDENCE ADDRESS (Note; Use Block I ror any change of address)
`Note: A cerllitcate 01 mat/lOg can only be used tor domeSIiC mail lOgs of the
`Fec(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or fonnal drawing, must
`have its own certificate of mailing or transmissIOn.
`
`36405
`
`7590
`
`01117/2007
`
`MANNA VA & KANG, p.e.
`8221 Old Courthouse Road
`Suite 104
`Vienna, VA 22182
`
`PART B - FEE(S) TRANSMITTAL
`
`Certificate of Mailing or Transmission
`I hereby eenify that this Fee(s) Transmittal is being deposited wi<h thc United
`States Postal Service with sufficient postage for first class mail in an envelop'c
`addressed to the Mail Stop ISSUE FEE address above, or being facsimIle
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`fiRST NAMED INVENTOR
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO,
`
`I
`
`APPLICATION NO.
`
`FILING DATE
`
`I
`
`I
`
`09/953,408
`Michael j, Millcr
`09117/2001
`003636,0068
`TITLE OF INVENTION: SYSTEM FOR AUTOMATED, MID-SESSION, USER-DIRECTED, DEVICE-TO-DEVICE SESSION TRANSFER SYSTEM
`
`APPLN, TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICA TION FEE DUE
`
`PREVo PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`5554
`
`DATE DUE
`
`04/17/2007
`
`nonprovisional
`
`NO
`
`EXAMINER
`
`KANG, PAUL H
`
`$1400
`
`ART UNIT
`
`2144
`
`I. Change of correspondence address or indication of "Fcc Address" (37
`CFR 1,363),
`.
`
`o Change of correspondence address (or Change of Corresp'ondcnce
`o "Fce Address" indication (or "Fcc Address" Indication form
`
`Address form PTO/SB/122) attached,
`
`I'TO/SI3/47; Rev 03-02 or more recent)'attached. Use of a Customer
`Number is required.
`
`$300
`
`$0
`
`$1700
`
`I
`
`CLASS-SUBCLASS
`
`709-227000
`
`2. For printing on the patent front page, list
`(I) the names 'of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single finn (having as a member a
`registered attorney or agcnt) and the names of up to
`2 registered patent attorneys or agents, If no name is
`listed, no name will be printed,
`
`,
`
`2 ____________________ ___
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (prinl or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3, II. Completion of this fonn is NOT a substitute for filing an assignment.
`'
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the ap'propriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Govcrnment
`
`4a, The following feces) arc submitted:
`o Issue Fee
`o Publication Fee (No small entity disco~nt permitted)
`o Advance Order - # of Copies ________ _
`
`4b, Payment of Fec(s): (Please first reapply any previously paid issue fee shown above)
`
`o A check is enclosed,
`o Payment by credit card, Form PTO-2038 is attached.
`o The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`
`overpayment, to Deposit Account Number
`
`(enclose an extra copy of this fonn),
`
`5, Change in Entity Status (from status indicated above)
`
`o a. Applicant claims SMALL ENTITY status, See 37 CFR 1,27,
`
`o b, Applicant is no longer claiming SMALL ENTITY status, Sec 37 CFR 1,27(g)(2).
`
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other pany in
`intcrest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature _____________________ _
`
`. Date __________________ __
`
`Typed or printed name ____________________ _
`
`Registration No. ______________ _
`
`This collection of information is required by 37 CFR 1,311. The information is required to obtain or rctain a benefit by the public which is to file (and by the USPTO to process)
`an application, Confidentiality is governed by 35 U.S.C, 122 and 37 CFR 1.14, This collection is estimated to take 12 minutes to complete, including gathering, prepanng, and
`submitting the completed applicatlon form to the USPTO, Time will vary depending upon the individual case: Any comments on the amount of time you re(juirc to complete
`this form andlor suggestions for reducing this burden, should be sent to the Chief Information Officer, U,S. Patent and Trademark Office, U.S. Department of Commerce, 1>.0,
`Box 1450, Alexandna, Virginia 22313-1450, DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS, SEND TO: Commissioner for Patents, P,O, Box 1450,
`Alexandria, Virginia 22313·1450,
`Under the Paperwork Reduction Act of 1995, no persons arc required 10 respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev, 07/06) Approved for usc through 04/30/2007,
`
`OMB 0651-0033
`
`U,S, Patent and Trademark Office; U.S, DEPARTMENT OF COMMERCE
`
`Unified Patents Inc., Ex. 1004, pg. 2
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Slales Palenl and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`p,O, Box 1450
`Alexandria. Virginia 223 I 3· I 450
`www.uspto.gov
`
`APPLICATION NO,
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`A TTORNEY DOCKET NO.
`
`CONFIRMA TlON NO.
`
`09/953,408
`
`09/17/2001
`
`Michael 1. Miller
`
`003636.0068
`
`5554
`
`0111712007
`7590
`36405
`MANNA VA & KANG, P.C.
`8221 Old Courthouse Road
`Suite 104
`Vienna,VA 22182
`
`EXAMINER
`
`KANG.PAUL H
`
`ART UNIT
`
`PAPER NUMBER
`
`2144
`DATE MAILED: 01/17/2007
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 701 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 701 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`, determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571 )-272-7702. Questions relating to issue and publication fee payments should be
`directed
`to
`the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101
`or
`(571 )-272-4200.
`
`PTOL-85 (Rev. 07/06) Approved for usc through 04/30/2007.
`
`Page 3 of3
`
`Unified Patents Inc., Ex. 1004, pg. 3
`
`

`

`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`09/953,408
`Examiner
`
`PaulH. Kang
`
`MILLER, MICHAEL J.
`Art Unit
`
`2144
`
`•• The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`Ali 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 indue 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. ~ This communication is responsive to amendment filed November 3. 2006.
`
`2. ~ The allowed claim(s) is/are 1-21.23-43 and 45.
`3. 0 Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) 0 All
`b) 0 Some" c) 0 None
`of the:
`1. 0 Certified copies of the priority documents have been received.
`2. 0 Certified copies of the priority documents have been received in Application No. __ .
`3. 0 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.
`4.0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO·152) which gives reason(s) why the oath or declaration is deficient.
`5. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be SUbmitted.
`(a) 0
`including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
`1) 0 hereto or 2) 0
`to Paper No'/Mail Date __ .
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No.lMaii 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.
`
`(b) 0
`
`Attachment(s)
`1. 0 Notice of References Cited (PTO-892)
`2. 0 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. 0
`
`Information Disclosure Statements (PTO/SBl08),
`Paper No'/Mail Date __
`4. 0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5.0 Notice of Informal Patent Application
`6. 0
`Interview Summary (PTO-413),
`Paper No'/Mail Date __ .
`7. 0 Examiner's AmendmenVComment
`
`8. 1:81 Examiner's Statement of Reasons for Allowance
`
`9. 0 Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowablllty
`
`Part of Paper No.lMail Date 20061226
`
`Unified Patents Inc., Ex. 1004, pg. 4
`
`

`

`;.
`
`.
`
`\:. ..,
`
`Application/Control Number: 09/953,408
`Art Unit: 2144
`
`Page 2
`
`Allowable Subject Matter
`
`1.
`
`The following is an Examiner's Statement of Reasons for Allowance:
`
`When interpreting the claims, in light of the specification and the applicant's augments,
`
`the examiner finds the claimed invention to be patentably distinct from the prior art of record.
`
`Belfiore et al., US Pat. App. No. 2002/0059425 AI, teaches the invention substantially as
`
`claimed. Belfiore teaches a system and method for redirecting an on-going session wherein a
`
`mid-session transfer between client devices is facilitated by schema and the transport-
`
`independent messaging structure. In Belfiore, the session history information is transmitted
`
`periodically from the first device to a session server prior to termination of the session on the
`
`first device.
`
`However, the prior art of record fails to teach or suggest individually or in combination a
`
`system in which a mid-session transfer of a session is achieved by transmitting a session history'
`
`from a first device to a session transfer module after said session is discontinued on the first
`
`device. The Examiner finds the applicant's arguments on page 14, line 15 - page 15, line 5 of the
`
`amendment filed November 3,2006 to be persuasive. The applicant argued in substance that
`
`Belfiore does not teach or suggest transmitting a session history after a session is discontinued on
`
`a first device. See also Remarks, page 16, lines 6-10.
`
`2.
`
`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. "
`
`Unified Patents Inc., Ex. 1004, pg. 5
`
`

`

`r
`
`.
`
`\.
`
`Application/Control Number: 09/953,408
`Art Unit: 2144
`
`Page 3
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Paul H. Kang whose telephone number is (571) 272-3882. The
`
`examiner can normally be reached on 9 hour flex. First Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, ca11800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`Unified Patents Inc., Ex. 1004, pg. 6
`
`