`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addless. COMMISSIONER FOR PATENTS
`PO Box 1450
`Alexandria, Viigmia 22313-1450
`wwwusptogov
`
`APPLICATION
`NUMBER
`
`FILING or
`371(c) DATE
`
`GRP ART
`UNIT
`
`
`
`
`
`F
`
`61/200,953
`
`12/05/2008
`
`FEE REC'D
`
`490
`
`ATTY.DOCKET.NO
`
`00512701315
`
`TOT CLAHVIS IND CLAIMS
`
`22909
`BANNER & WITCOFF, LTD.
`1100 13th STREET. N-W-
`SUITE 1200
`WASHINGTON, DC 20005-4051
`
`CONFIRMATION NO. 7060
`
`FILING RECEIPT
`
`llIIlIlIllIIlllllIllllIlllllllllllllllIllllIlllljllll|l|||llllllllllllllllllllllllllllllll
`00000003 30063
`
`Date Mailed: 02/03/2009
`
`It will not be examined for patentability and will
`Receipt is acknowledged of this provisional patent application.
`become abandoned not later than twelve months after its filing date. Any correspondence concerning the application
`must include the following identification information: the US. APPLICATION NUMBER, FILING DATE, NAME OF
`APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify
`the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit
`a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the
`changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Applicant(s)
`
`Brandon Burroughs, Beaverton, OR;
`Christopher A. Robinette, Lake Oswego, OR;
`Power of Attorney: None
`
`If Required, Foreign Filing License Granted: 01/27/2009
`
`The country code and number of your priority application, to be used for filing abroad under the Paris Convention,
`is US 61/200,953
`
`Projected Publication Date: None, application is not eligible for pre-grant publication
`
`Non-Publication Request: No
`
`Early Publication Request: No
`Title
`
`Athletic performance monitoring systems and methods in a team sports environment
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a US. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
`page 1 of 3
`
`NIKE, Exhibit 1009, Page 1
`
`NIKE, Exhibit 1009, Page 1
`
`

`

`patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. The filing of a US. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance as to the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the US. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative,
`this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the US. Government hotline at 1-866-999-HALT (1-866-999-4158).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`if the phrase "IF REQUIRED, FOREIGN FILING
`The applicant has been granted a license under 35 U.S.C. 184,
`LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37 CFR 5.13 or 5.14.
`
`This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselves of current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and
`page 2 of 3
`
`NIKE, Exhibit 1009, Page 2
`
`NIKE, Exhibit 1009, Page 2
`
`

`

`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of
`Treasury (31 CFR Parts 500+) and the Department of Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed
`from the filing date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
`
`page 3 of 3
`
`NIKE, Exhibit 1009, Page 3
`
`NIKE, Exhibit 1009, Page 3
`
`

`

`I’ATENT APPLICATION SERIAL NO.
`
`US. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`_ PTO-1556
`(5/87) .
`
`'U.S. Government Printing Office: 2002- 489-267I69033
`
`12/88/8888 NHGUIEHl 88888848 198733
`81 FL':1885
`228.88 DR
`
`81888953
`
`NIKE, Exhibit 1009, Page 4'
`
`NIKE, Exhibit 1009, Page 4
`
`

`

`PTO/SBI17 (10-03)
`Approved for use through 06/30/2010. OMB 0651-0032
`U.S. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Pa-enuork Reduction Act of 1995 no - -rsons are re-uired to res-0nd to a collection of information unless it diSoIa s a valid OMB control number
`
`
`
`
`Effective on 12/08/2004.
`Complete if Known
`
`
`Fees pursuant to the Consolidated Appropriations Act, 2005 (H.R. 4818).
`T30
`
`
`
`FEE TRANSMITTAL
`December5 2008
`
`
`
`
`For FY 2009
`Brandon Burrou-hs, et al.
`
`
`
`TBD
`
`
`
`Attorney Docket No.
`
`
`
`
`
`[3 Check D Credit Card l:lMoney Order l:l None l:l0ther (please identify):
`Deposit Account Deposit Account Number:_19;QZ33— Deposit Account Name:
`For the above-identified deposit account, the Director is hereby authorized to: (check all that apply)
`
`U Applicant claims small entity status. See 37 CFR 1.27
`
`
`METHOD OF PAYMENT (check all that apply)
`
`
`
`
`
`
`
`
`
`Application Number
`Filing Date
`First Named Inventor
`
`Examiner Name
`.
`Art Unit
`
`TBD
`
`
`
`
`
`
`D Charge fee(s) indicated below, except for the filing fee
`D Charge f(96(5) indicated below
`~
`Charge any additional fee(s) or underpayments of fee(s)
`-
`cred" any “emaymems
`under 37 CFR 1.16 and 1.17
`WARNING: Information on this form may become public. Credit card information should not be Included on this form. Provide credit card
`information and authorization on PTO-2038.
`
`.
`
`.
`
`Fee Paid (5)
`
`Fee l§l
`
`=
`
`_
`Fee Paid (fl
`
`
`
`
`
`
`
`
`
`
`
`.
`3. APPLICATION SIZE FEE
`If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer
`listings under 37 CFR 1.52(e)), the application size fee due is $270 ($135 for small entity) for each additional 50
`sheets or fraction thereof. See 35 U.S.C. 41%!)(1XG) and 37 CFR 1.16Ss).
`Total Sheets
`Extra Sheets
`Num er of each additional 50 or ractlon thereof
`- 100 =
`/ 50 =
`(round up to a whole number)
`x
`
`Fee (fl
`
`Fee Paid l§l
`
`
`
`
`
`4. OTHER FEE(S)
`.
`Fees pald ltl
`Non-English Specification,
`$130 fee (no small entity discount)
`
`Other (e.g., late filing surcharge):
`
`
`
`
`.
`”I’m Registration No.
`Tele hone
`.
`Slgnature
`‘9W “MM A
`, A,
`7 ” Mom In",
`33,934
`P
`503.425.6800
`Name (Pfianvelm-i— Dale ”“9“” 5' 2°08
`
`This collection of information is required by 37 CFR 1.136. The information is required to obtain or retain 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 30 minutes to complete.
`including gathering. preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual use. Any comments
`on the amount of time you require to complete this form and/or suggestions for reducing this burden. should be sent to the Chief Information Officer, U.S. Patent
`and Trademark Office. U.S. Department of Commerce. PO. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria. VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`NIKE, Exhibit 1009, Page 5
`
`
`
`
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`
`
`
`SEARCH FEES
`EXAMINATION FEES
`FILINGSFEEIISE
`ntig
`S
`II E tlg
`S
`H E tin
`ma
`
`
`Fee (:1
`Fee (a
`Fee (fl
`"i=3“ (g)
`Fee l§l
`mFaee (g)
`330
`165
`540
`270
`220
`110
`
`
`
`
`
`
`
`
`
`
`
`
`
`Application Type
`Utility
`
`Design
`Plant
`Reissue
`
`220
`220
`330
`
`110
`110
`165
`
`‘
`
`100
`330
`540
`
`220
`
`110
`
`0
`
`50
`165
`270
`
`0
`
`140
`170
`650
`
`0
`
`.
`Provisional
`2. EXCESS CLAIM FEES
`Fee Description
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Total Claims
`Extra Claims
`x
`- 20 or HP =
`HP = highest number of total claims paid for. if greater than 20.
`lndep. Claims
`~
`Extra Claims
`Fee l§l
`=
`x
`- 3 or HP =
`HP = highest number of independent claims paid for. if greater than 3.
`
`
`
`.___._.l§iF°°3Paid
`
`————
`
`70
`85
`325
`
`0
`
`_ZZQ.Q0__
`Sm_allE_rgig
`M M
`52
`26
`220
`110
`390
`195
`Multiple Dependent Claims
`Fee (fl
`Fee Paid (fl
`
`
`
`
`
`
`
`
`
`
`
`NIKE, Exhibit 1009, Page 5
`
`

`

`Doc Code: TR.PROV
`Document Description: Provisional Cover Sheet (SB16)
`I
`\I
`A.L
`A
`
`PTO/SB/16 (04-07)
`Approved for use through 06/30/2010 OMB 0651-0032
`U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number
`
`U.S. PTO
`
`61/200953
`
`12/05/2008
`
`§'——_~~
`--
`fi‘
`~‘
`=~
`
`.C
`(D
`
`Provisional Application for Patent Cover Sheet
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c)
`
`
`
`<L
`entor(s)
`
`
`
`
`
`
`
`BOSOZI-
` '15
`
`
`
`
`
`
`
`
`
`
`
`
`
`Inventor 1
`
`Elm
`
`Given Name
`
`Middle Name
`
`Family Name
`
`State
`
`Inventor 2
`
`Given Name
`
`Middle Name
`
`Family Name
`
`State
`
`
`v.1... VALJ‘
`WA’ddfi
`
`“
`
`All Inventors Must Be Listed - Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`.
`.
`f
`T I
`'t 6 ° "New“
`
`ATHLETIC PERFORMANCE MONITORING SYSTEMS AND METHODS IN A
`TEAM SPORTS ENVIRONMENT
`
`Attorney Docket Number (if applicable)
`
`00512701315
`
`Correspondence Address
`
`)
`Direct all correspondence to (select one :
`
`© The address corresponding to Customer Number
`
`
`
`0 Firm or Individual Name
`
`
`
`
`
`
`
`
`
`
`The invention was made by an agency of the United States Government or under a contract with an agency of the United
`States Government.
`
`
`
`
`0 Yes, the name of the U.S. Government agency and the Government contract number are:
`
`
`
`
`EFS - Web 1.0
`
`NIKE, Exhibit 1009, Page 6
`
`NIKE, Exhibit 1009, Page 6
`
`

`

`Doc Code: TR.PROV
`
`Document Description: Provisional Cover Sheet (8816)
`
`PTO/SB/16 (04-07)
`Approved for use through 06/30/2010 0MB 0651—0032
`US. Patent and Trademark Office: U.8. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number
`
`Entity Status
`Applicant claims small entity status under 37 CFR 1.27
`
`O Yes, applicant qualifies for small entity status under 37 CFR 1.27
`
`(D No
`
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may
`contribute to identity theft. Personal information such as social security numbers, bank account numbers, or credit card
`numbers (other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required
`by the USPTO to support a petition or an application.
`If this type of personal information is included in documents submitted
`to the USPTO, petitioners/applicants should consider redacting such personal information from the documents before
`submitting them to USPTO. Petitioner/applicant is advised that the record of a patent application is available to the public
`after publication of the application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the
`application) or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the
`public if the application is referenced in a published application or an issued patent (see 37 CFR1.14). Checks and credit
`card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are
`not publicly available.
`
`the provisional application.
`
`Please see 37 CFR 1.4(d) for the form of the signature.
`
`- , and
`/Paul Nykaza/(QV Mm,4/0 457,71! Date (YYYY-MM--DD)
`SIgnature
`First Name
`Last Name
`Nykaza
`Registration Number
`(If appropriate)
`
`Dec 5, 2008
`38984
`
`This collection of information is required by 37 CFR 1.51. The informationIs required to obtain or retain a benefit by the public whichIs to
`file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection
`is estimated to take 8 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO.
`Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or
`suggestions for reducing this burden, should be sent to the Chief Information Officer, US. Patent and Trademark Office, US. Department
`of Commerce, P. O. Box 1450, Alexandria, VA 22313- 1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. This
`
`form can only be used when"In conjunction with EFS-Web. If this form'Is mailed to the USPTO, it may cause delays'In handling
`
`EFS - Web 1.0
`
`NIKE, Exhibit 1009, Page 7
`
`NIKE, Exhibit 1009, Page 7
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of
`the attached form related to a patent application or paten. Accordingly, pursuant to the requirements of the Act, please be
`advised that : (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the
`information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and
`Trademark Office is to process and/or examine your submission related to a patent application or patent.
`If you do not
`furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your
`submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent.
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`The information provided by you in this form will be subject to the following routine uses:
`
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`
`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information
`Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the
`Department of Justice to determine whether disclosure of these records is required by the Freedom of Information
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`
`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to
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`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need
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`requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`A record in this system of records may be disclosed, as a routine use, to a n other federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(0)).
`A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to
`recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and
`2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this
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`
`A record from this system of records may be disclosed, as a routine use, to the public after either publication of
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`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an
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`referenced by either a published application, an application open to public inspection or an
`issued patent.
`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`NIKE, Exhibit 1009, Page 8
`
`NIKE, Exhibit 1009, Page 8
`
`

`

`PTO/SBI17 (10-08)
`Approved for use through 06/30/2010. 0MB 0651—0032
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa-erwork Reduction Act of 1995 no nersons are re-uired to res- -nd to a collection of Information unless It dis-Ia s a valid OMB control number
`
`Effective on 12/080004.
`
`
`Application Number
`Fees pursuant to the ConsolidatedAppropriations Act, 2005 (HR. 4818).
`
`FEE TRANSMITTAL magnate
`
`
`For FY 2009
`First Named Inventor
`
`
`
`
`' METHOD OF PAYMENT (check all that appl
`
`
`
`
`
`
`
`Complete if Known
`
`-
`
`
`
`
`
`
`
`
`
`
`
`U Applicant claims small entity status. See 37 CFR 1.27
`
`(s)
`220.00
`
`mum:
`
`Attorney Docket No.
`
`00512701315
`
`
`
`
`
`
`
`D Check D Credit Card [:lMoney Order [3 None DOther (please identify):
`
`DCPOSit Account
`[3131905it Account Number._19;013_3_____ Deposit Account Name:
`For the above-identified deposit account, the Director is hereby authorized to: (check all that apply)
`DCharge f59(3) indicated below
`E] Charge 1ee(s) indicated below, except for the filing fee
`Charge any additional fee(s) or underpayments of fee(s)
`-
`under 37 CFR 1.16 and 1.17
`cred" any Newman‘s
`WARNING: Information on this form may become public. Credit card Information should not be Included on this form. Provide credlt card
`Information and authorization on PTO-2038.
`
`FEE CALCULATION
`
`'
`
`'
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`FILINGsFEEIISE t‘
`SEARCH FEES
`ma
`n in
`s
`II E ti
`Fee [fl
`Fee (fl
`Fee (fl 4"?($1)
`330
`165
`540
`270
`
`Application Type
`Utility
`
`.
`
`-
`
`EXAMINATION FEES
`S
`II E ti
`Fee IE) iFae-eJ1;)
`220
`110
`
`Fees Paid m
`
`Design .
`Plant
`
`Reissue
`
`220
`220
`
`330
`
`110
`110
`
`165
`
`‘
`
`100
`330
`
`540
`
`220
`
`110
`
`0
`
`50
`165
`
`270
`
`0
`
`140
`170
`
`650
`
`0
`
`.
`Provisional
`2. EXCESS CLAIM FEES
`Fee Description
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Total Claims
`Extra Claims
`x
`- 20 or HP =
`HP = highest number of total claims paid for. If greater than 20.
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`3. APPLICATION SIZE FEE
`If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer
`listings under 37 CFR 1.52(e)), the application size fee due is $270 ($135 for small entity) for each additional 50
`sheets or fraction thereof. See 35 U.S.C. 41 a)(l)(G) and 37 CFR 1.1655).
`Total Sheets
`Extra Sheets
`Num er of each additional 50 or ractlon thereof
`- 100 =
`l 50 =
`(round up to a whole number)
`x
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`4. OTHER FEE(S)
`Non-English Specification,
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`$130 fee (no small entity discount)
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`SUBMITTED BY
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`elephone
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`r
`5034256800
`m9] ,. . .. ,1 -4l . . J'u A
`Date December 5, 2008
`.
`Name (Print/Type) Paul _. Nyk.
`._
`
`This collection of information is required by 37 CFR 1.136. The Information is required to obtain or retain 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 30 minutes to complete.
`Including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual use. Any comments
`on the amount 01 time you require to complete this form and/or suggestions for reducing this burden. should be sent to the Chief lntorrnation Officer, US. Patent
`and Trademark Office, U.S. Department of Commerce. PO. Box 1450, Alexandria. VA 22313-1450. DO NOT SEND FEES 0R COMPLETED FORMS TO THIS
`ADDRESS. SEND To: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800—PTO-9199 and select option 2.
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`NIKE, Exhibit 1009, Page 9
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`NIKE, Exhibit 1009, Page 9
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly.
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the us. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the US. Patent and Trademark Office may not be able to'
`process and/or examine your submission. which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1.
`
`The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act
`A record from this system of records may be disclosed. as a routine use, in the course of
`presenting evidence to a court magistrate, or administrative tribunal. including disclosures to
`opposing counsel'In the course of settlement negotiations.
`A record'In this system of records may be disclosed. as a routine use. to a Member of
`Congress submitting a request involving an individual to whom the record pertains. when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`
`A record in this system of records may be disclosed. as a routine use, to a contractor of the -
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 1974. as
`amended. pursuant to 5 U.S.C. 5523(m).
`A record related to an lntemational Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed. as a routine use. to the lntemational Bureau of the
`World Intellectual Property Organization. pursuant to the Patent Cooperation Treaty.
`A record in this system of records may be disclosed. as a routine use. to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`A record from this system of records may be disclosed, as a routine use. to the Administrator,
`General Services. or his/her designee. during an inspection of records conducted by GSA as
`part of that agency's responsibility to recommend improvements in records management
`practices and programs. under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose. and any other relevant (i.e.. GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`
`A record from this system of records may be disclosed, as a routine use. to the public after
`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
`pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which applicationIs
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`A record from this system of records may be disclosed. as a routine use, to a Federal. State,
`or local law enforcement agency. if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`NIKE, Exhibit 1009, Page 10
`
`NIKE, Exhibit 1009, Page 10
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`

`

`Attorney Docket N0.: 005127.0131'5
`
`ATHLETIC PERFORMANCE MONITORING SYSTEMS
`AND METHODS IN A TEAM SPORTS ENVIRONMENT
`
`FIELD OF THE INVENTION
`
`[01]
`
`The present
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`invention relates to systems and methods for monitoring player
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`performance during athletic activities (e.g., during a game, a practice session, a
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`workout, etc.),
`including team oriented athletic activities.
`Such systems and
`methods may be useful for evaluating performances of one or more players in
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`various team sporting activities, such as soccer, basketball, American football,
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`hockey, rugby, field hockey, lacrosse, baseball, cricket, volleyball, badminton,
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`and the like. The systems and methods may be used by the individual as a
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`measuring stick and motivation to improve, as well as by coaches or trainers.
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`BACKGROUND
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`[02] Many systems are available for measuring features of athletic performance. For
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`example, many gyms and fitness centers are equipped with specialized systems
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`that help track a user’s use of the machines (e.g., card readers, RFID equipment,
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`etc.), The usage data may be automatically generated and downloaded to a
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`central computer system and made available for the athlete’s review. One
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`disadvantage of such systems is that their use is confined to use with specialized
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`equipment within the “four walls” of the gym or fitness center.
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`[03]
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`The NIKE+ TM athletic performance monitoring system (available from NIKE,
`
`Inc. of Beaverton, Oregon) provides a convenient system and method that allows
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`individuals to measure and collect data relating to ambulatory exercise, such as
`walking or running. Data collection using a NIKE+ TM system is not confined to
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`any specific geographic location. Rather, the system can be used at any desired
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`locations, both indoor and outdoor.
`
`[04]
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`Not all personal exercise and athletic endeavors, however, are limited to walking
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`and running. Many individuals participate in team games, such as soccer,
`
`1
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`NIKE, Exhibit 1009, Page 11
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`NIKE, Exhibit 1009, Page 11
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`

`

`Attorney Docket No.: 005127.01315
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`basketball, football, and the like. At present time, there is no easy or convenient
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`system that
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`is useful
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`to automatically collect, compile, and store data that
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`accurately and empirically depicts a player’s efforts when participating in these
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`team sports. Such systems would be usefiJl to help a player gauge his or her
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`performance, to help a player identify areas where improvement may be achieved,
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`and to help a player
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`recognize when improvement has been achieved.
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`Additionally, such systems would be useful tools for coaches and trainers, to help
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`them ascertain each individual’s strengths and weaknesses and to help them field
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`the best combination of players for a given game situation (e.g., a “scoring” team,
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`a “defense” team, etc.). Moreover, such systems could provide enormous
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`motivation for the athlete by enabling the athlete (or others) to set performance
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`goals and/or challenges.
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`SUMMARY OF THE INVENTION
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`[05]
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`The following presents a general summary of aspects of the present invention in
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`order to provide a basic understanding of the invention and various example
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`features of it. This summary is not intended to limit the scope of the invention in
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`any way, but it simply provides a general overview and context for the more
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`detailed description that follows.
`
`[06]
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`Aspects of this invention relate to systems, methods, and computer-readable
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`media with computer-executable instructions stored thereon for performing
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`methods and/or operating user interfaces relating to the monitoring of player
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`performance during athletic activities (e.g., during a game, a practice session, a
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`workout, etc.), including team oriented athletic activities.
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`[07].
`
`Systems in accordance with at least some examples of this invention may include
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`systems for monitoring performance parameters of one or more athletes in a team
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`sport setting. Such systems may include one or more of: (a) a sensor system fo