throbber
McDermott
`Will &Emery
`
`Boston Brussels Chicago Diisseldon‘ Frankfurt Houston London Los Angeles Miami
`Milan Munich New York Orange County Paris Rome Seoul Silicon Valley Washington, DC.
`
`Strategic alliance with MWE China Law Offices (Shanghai)
`
`TObY H. KUSlTlel’Y P-C-
`Attorney at Law
`tkusmer@mwe.com
`+1 617 535 4065
`
`June 6, 2013
`
`CERTIFICATE OF ELECTRONIC TRANSMISSION
`
`I hereby certify that this correspondence is being
`electronically transmitted to the United States Patent and
`Trademark Office on June 6, 2013
`/Jessica Brown/
`Jessica Brown
`
`Commissioner for Patents
`
`Mail Stop PATENT APPLICATION
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Re: US. Continuation Patent Application
`Attorney Docket No. 77580-196(VRNK1CP3 CNFT10)
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL
`
`FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`Subject:
`Transmitting Patent Application for Track I Prioritized Examination
`
`Dear Sir/Madam:
`
`We enclose for filing the patent application for Track I Prioritized Examination of:
`
`Inventors:
`
`Victor Larson (Fairfax, VA); Robert Dunham Short III (Lexington, VA);
`Edmond Colby Munger (Tarpon Springs, FL); Michael Williamson (South
`Riding, VA)
`
`Applicant:
`
`VIRNETX, INC.
`
`For:
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK
`
`PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE
`
`DOMAIN NAMES
`
`This patent application is a continuation of US. Application No. 13/903,788, filed May
`28, 2013, which is a continuation of US. Application 13/336,790, filed December 23, 2011,
`issuing on June 4, 2013 as US. Patent No. 8,458,341, which is a continuation ofU.S.
`Application No. 13/049,552, filed March 16, 2011, now US. Patent No. 8,458,341, which is a
`continuation of US. Application No. 11/840,560, filed August 17, 2007, now US. Patent No.
`7,921,211, issued April 5, 2011, which is a continuation ofU.S. Application No. 10/714,849,
`filed November 18, 2003, now US. Patent No. 7,418,504, issued August 26, 2008, which is a
`continuation of US. Application No. 09/558,210, filed April 26, 2000, now abandoned, which is
`a continuation-in—part of US. Application No. 09/504,783, filed on February 15, 2000, now US.
`Patent No. 6,502,135, issued December 31, 2002, which is a continuation-in—part of US.
`Application No. 09/429,643, filed October 29, 1999, now US. Patent No. 7,010,604, issued
`March 07, 2006, which derives from US. Provisional Application Nos. 60/106,261, filed
`
`U.S. practice conducted through McDermott Will & Emery LLP.
`
`28 State Street Boston Massachusetts 02109-1775 Telephone: +1 617 535 4000 Facsimile: +1 617 535 3800 www.mwe.com
`
`DMiUS 43089361—1.077580.0196
`
`Petitioner Apple Inc. — Ex. 1004, p. 1
`
`Petitioner Apple Inc. - Ex. 1004, p. 1
`
`

`

`Commissioner for Patents
`
`June 6, 2013
`
`Page 2
`
`October 30, 1998, and 60/137,704, filed June 7, 1999, and includes:
`
`0
`
`Certification and Request for Prioritized Examination (Track I)
`
`Ninety-three (93) pages of specification, claims, and abstract;
`
`Forty (40) sheets of drawings (Figs. 1-37);
`
`Application Data Sheet (8 pages);
`
`Declaration (37 CFR 1.63)
`
`Power of Attorney and Statement under 37 CFR 3.73(b)
`
`The filing fee has been calculated as shown below:
`
`
`NO. OF
`
`EXTRA
`
`UN-
`
`CLAIMS
`
`CLAIMS
`
`DISCOUNTED
`RATE
`
`AMOUNT
`
`
`
`
`
`
`
`
`
`$6430
`
`
`Total Claims
`
`Independent Claims
`
`25
`
`2
`
`-20
`
`-3
`
`5
`
`0
`
`$80
`
`$400
`
`$400
`
`$0
`
`
`Multiple Dependent C1aim(s)
`$0
`
`
`Basic Filing Fee
`$280
`
`
`Search Fee
`$600
`
`
`Examination Fee
`$720
`
`
`Utility Application Size Fee for 50 additional sheets that exceed 100 sheets
`$0
`
`
`Publication Fee
`$300
`
`
`Prioritized Examination Fee (Track I) under 37 C.F.R. 1.17(c)
`$4000
`
`
`Processing Fee 37 C.F.R. 1.17(i)
`$130
`
`
`
`Total of Above Calculations
`
`E
`
`E Please charge my Deposit Account No. 501133 in the amount of $6430.00. Please
`reference attorney docket no. 775 80-196(VRNK1CP3CNFT10).
`The Commissioner is hereby authorized to charge payment of the following fees
`associated with this communication or credit any overpayment to Deposit Account
`No. 501 133.
`IXI Any additional filing fees required under 37 CFR 1.16.
`The Commissioner is hereby authorized to charge payment of the following fees during
`the pendency of this application or credit any overpayment to Deposit Account
`No. 501 133.
`IXI Any patent application processing fees under 37 CFR 1.17.
`IXI Any filing fees under 37 CFR 1.16 for presentation of extra claims.
`
`IXI
`
`DMiUS 43089361—1.077580.0196
`
`Petitioner Apple Inc. — Ex. 1004, p. 2
`
`Petitioner Apple Inc. - Ex. 1004, p. 2
`
`

`

`Commissioner for Patents
`
`June 6, 2013
`
`Page 3
`
`Please return the Official Filing Receipt to the undersigned.
`
`Respectfully submitted,
`McDERMOTT WILL & EMERY LLP
`
`CUSTOMER NUMBER 23630
`
`
`/Toby H. Kusrner/
`Toby H. Kusmer, P.C., Reg. No. 26,418
`
`The McDermott Building
`500 North Capitol Street, NW.
`Washington, DC 20001
`Telephone: (617) 535-4000
`Facsimile: (617) 535-3800
`Date: June 6, 2013
`
`DMiUS 43089361—10775800196
`
`Petitioner Apple Inc. — EX. 1004, p. 3
`
`Petitioner Apple Inc. - Ex. 1004, p. 3
`
`

`

`Doc Code: TRACK1.REQ
`
`Document Description: TrackOne Request
`
`PTO/AIA/424 (03-13)
`
`CERTIFICATION AND REQUEST FOR PRIORITIZED EXAMINATION
`
`UNDER 37 CFR 1.102(e) (Page 1 of 1)
`
`First Named
`
`$32.1...
`
`-
`
`Nonprovisional Application Number (if
`
`-
`
`-
`
`Submit multiple forms if more than one signature is required. *
`
`APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS PRIORITIZED EXAMINATION FOR
`THE ABOVE-IDENTIFIED APPLICATION.
`
`1. The processing fee set forth in 37 CFR 1.17(i)(1), the prioritized examination fee set forth in
`37 CFR 1.17(c), and if not already paid, the publication fee set forth in 37 CFR 1.18(d) have
`been filed with the request. The basic filing fee, search fee, examination fee, and any required
`excess claims and application size fees are filed with the request or have been already been
`paid.
`
`2. The application contains or is amended to contain no more than four independent claims and no
`more than thirty total claims, and no multiple dependent claims.
`
`3. The applicable box is checked below:
`
`Ori
`
`inal Ao olication Track One - Prioritized Examination under ~ 1.102 e 1
`
`i.
`
`(a) The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a).
`This certification and request is being filed with the utility application via EFS—Web.
`---OR---
`
`(b) The application is an original nonprovisional plant application filed under 35 U.S.C. 111(a).
`This certification and request is being filed with the plant application in paper.
`
`ii. The executed inventor’s oath or declaration is filed with the application. (37 CFR 1.63 and 1.64)
`
`II.
`
`I
`
`I Request for Continued Examination - Prioritized Examination under § 1.102(e)(2)
`
`.
`
`'
`
`A request for continued examination has been filed with, or prior to, this form.
`If the application is a utility application, this certification and request is being filed via EFS—Web.
`The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a), or is
`a national stage entry under 35 U.S.C. 371.
`. This certification and request is being filed prior to the mailing of a first Office action responsive
`to the request for continued examination.
`No prior request for continued examination has been granted prioritized examination status
`under 37 CFR1.102(e)(2).
`
`Sinature/Toby H. Kusmer/
`
`“Pigs, ed Toby H.Kusmer, P.C.
`
`Date June 6, 2013
`
`Practitioner
`Re istration Number
`
`26418
`
`Note:
`
`This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d)
`
`for signature requirements and certifications.
`
`*Total of 1
`
`forms are submitted.
`
`Petitioner Apple Inc. — EX. 1004, p. 4
`
`Petitioner Apple Inc. - Ex. 1004, p. 4
`
`

`

`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.
`
`2. 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
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`3. 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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`5. 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.
`6. 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.
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`7. 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
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`inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
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`
`8. 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
`application is referenced by either a published application, an application open to public inspection or an issued
`patent.
`9. 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.
`
`Page 2
`
`Petitioner Apple Inc. — EX. 1004, p. 5
`
`Petitioner Apple Inc. - Ex. 1004, p. 5
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 01(311'2014. OMB 0651-0032
`US. Patent and Trademark Office; US DEPARTMENT OF COMMERCE
`Underthe Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`
`
`
`Inventor Information:
`
`
`Inventor
`
`1
`
`Legal Name
`
`
`Prefix Given Name
`Middle Name
`Family Name
`
`Residence Information (Select One)
`(9 US Residency 0 Non US Residency 0 Active US Military Service
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`12026 Lisa Marie Court
`
`Postal Code
`
`22033
`
`US
`
`Suffix
`
`
`Inventor
`2
`
`Middle Name
`
`Robert
`Dunham
`Short
`|||
`
`
`
`
`Suffix
`
`Legal Name
`
`Prefix Given Name
`
`Residence Information (Select One)
`
`(9 US Residency 0 Non US Residency 0 Active US Military Service
`
`City
`
`Lexington
`
`StatelProvince
`
`VA
`
`Country of Residence i
`
`US
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`1172 Still House Drive
`
`Postal Code
`
`24450
`
`US
`
`Inventor
`
`3
`
`Legal Name
`
`Prefix Given Name Suffix Middle Name Family Name
`
`
`
`Edmund
`
`Colby
`
`Munger
`
`
`
`
`
`
`Residence Information (Select One) @ US Residency 0 Non US Residency 0 Active US Military Service
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 6
`
`
`
` _
`
`
`
`
`
`
`Attorney Docket Number
`77580-196(VRNK1CP3CNFT10)
`
`_
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`T't'e 0f Invent'on
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`document may be printed and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2
`Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`El 37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`
`
`
`Petitioner Apple Inc. - Ex. 1004, p. 6
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 0161/2014. OMB 0651-0032
`US. Patent and Trademark Office; U.5. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
` Attorney Docket Number
`77580-196(VRNK1CP3CNFT10)
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`T't'e °f Invent'on
`
`
`
`
`
`
`
`
`
`
`
`
`
`‘ StatelProvince | FL | Country of ResidencelTarpon SpringsCity US
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`1447 Meyer Lane
`
`City
`
`Tarpon Springs
`
`Postal Code
`
`34688
`
`Inventor
`
`4
`
`StatelProvince
`
`FL
`
`US
`
`Legal Name
`
`Prefix Given Name
`Middle Name
`Family Name
`Suffix
`
`
`
`Residence Information (Select One)
`
`(9 US Residency 0 Non US Residency 0 Active US Military Service
`
`City
`
`South Riding
`
`StatelProvince
`
`VA
`
`Country of Residence i
`
`US
`
`
`Mailing Address of Inventor:
`
`Address 1
`
`Address 2
`
`26203 Ocala Circle
`
`City
`Postal Code
`
`South Riding
`
`20152
`
`StatefProvince
`US
`
`VA
`
`Inventor Information blocks may be
`Inventors Must Be Listed - Additional
`All
`generated within this form by selecting the Add button.
`
`Add
`
`Correspondence Information:
`
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`
`|:| An Address is being provided for the correspondence Information of this application.
`
`Customer Number
`23630
`
`Email Address
`mweipdocket@mwe.com
`
`Email Address
`bostonipdocket@mwe.com
`M
`
`
`Application Information:
`.
`.
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`T't'e °f the Inventm"
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`Attorney DocketNumber— Small Entity Status Claimed
`Application Type
`Nonprovisional
`
`Subject Matter
`Utility
`Total Number of Drawing Sheets (if any)
`
`
`
`Suggested Figure for Publication (if any) -
`
`|:|
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 7
`
`Petitioner Apple Inc. - Ex. 1004, p. 7
`
`

`

`PTO/AIA/14 (03-13)
`Approved for use through 01/31/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; US DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
` Attorney Docket Number
`77580-196(VRNK1CP3CNFT1D)
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`T't'e °f Invent'on
`
`
`
`Publication Information:
`
`|:| Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`Request N01: to PUinSh. I hereby request that the attached application not be published under
`35 U.S.C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the
`subject of an application filed in another country, or under a multilateral international agreement, that requires
`publication at eighteen months after filing.
`
`
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Either enter Customer Number or complete the Representative Name section below.
`If both sections are completed the customer
`Number will be used for the Representative Information during processing.
`
`
`Please Select One:
`
`@ Customer Number
`
`0 us Patent Practitioner 0 Limited Recognition (37 CFR 11.9) Customer Number
`
`23630
`
`Domestic Benefit/National Stage Information:
`
`This section allows for the applicant to either claim benefit under 35 U.S.C. 119(9), 120, 121, or 365(c) or indicate
`National Stage entry from a PCT application. Providing this information in the application data sheet constitutes the
`specific reference required by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.
`
`Prior Application Status
`
`Pending
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Continuation of
`
`13/903788
`
`Prior Application Status
`
`Pending
`
`Application Number
`13/903788
`
`Continuity Type
`Continuation of
`
`Prior Application Number
`13/336790
`
`Filing Date (YYYY-MM-DD)
`
`2013-05-28
`
`Filing Date (YYYY-MM-DD)
`2011-12-23
`
`
`
`
`
`Patented
`
`Continuity Type
`
`'
`'
`'
`Prior Application
`Number
`
`Continuation of
`
`13/049552
`
`
`
`
`
`
`
`
`
`
`
`Patented
`
`Application
`Number
`13/049552
`
`Patent Number
`7921211
`
`Prior Application Status
`'
`'
`Issue Date
`"
`
`
`
`
`
`Application
`Filing Date
`Number
`(YYYY-MM-DD)
`(YYYY-MM-DD)
`Patent Number
`
`
`
`
`13/336790
`2011-03-16
`
`
`
`
`
`Prior Application Status
`
`
`
`
`
`Prior Application
`Filing Date
`.
`.
`ISSUE Date
`
`
`
`(YYYY-M M-DD)
`ContinUIty Type
`Number
`(YYYY-MM-DD)
`Continuation of
`11/840560
`2007-08-17
`2011-04-05
`
`
`
`Prior Application Status
`Patented
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 8
`
`Petitioner Apple Inc. - Ex. 1004, p. 8
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 0161/2014. OMB 0651-0032
`US. 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 contains a valid OMB control number.
`
`
`Application Data Sheet 37 CFR 1.76
`
`
`
`Title of Invention
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`tire
`
`Prior Application Status
`
`Application Number
`
`my
`
`Filing Date (YYYY-MM-DD)
`
`Prior Application Status
`
`Application
`
`Number
`
`Continuity Type
`
`PriorApplication
`
`Filing Date
`
`(YYYY-MM-DD)
`
`_emove
`
`-|SSUB Date
`
`Patent Number
`
`(YYYY-MM-DD)
`
`09/558210
`
`ContinuationIn part of
`
`09504783
`
`2000-02-15
`
`6502135
`
`2002-12-31
`
`Prior Application Status
`
`Patented
`
`Alibi
`
`Prior Application Status
`
`Application Number
`
`Prior Application Status
`
`Application Number
`
`_emove
`
`w
`
`Filing Date (YYYY-MM-DD)
`
`Filing Date (YYYY-MM-DD)
`
`
`
`Attorney Docket Number
`_
`_
`Application Number
`
`77580-196(VRNK1CP3CNFT10)
`
`
`
`
`Additional Domestic BenefitiNational Stage Data may be generated within this form
`Add
`
`by selecting the Add button.
`
`Foreign Priority Information:
`
`This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet
`
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55_(d). When priority is claimed to a foreign application
`that is eligible for retrieval under the priority document exchange program (PDX) 'the information will be used by the Office to
`
`automatically attempt retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the PBX program, applicant bears the ultimate
`
`responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign intellectual
`
`property office, or a certified copy of the foreign priority application is filed, within the time period specified in 37 CFR 1.55(g)(1).
`
`
`
`
`
`Application Number
`
`Country I
`Filing Date (YYYY-MM-DD)
`
`Additional Foreign Priority Data may be generated within this form by selecting the
`Add button.
`
`_
`Access Code| (if applicable)
`
`Add
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 9
`
`Petitioner Apple Inc. - Ex. 1004, p. 9
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 011311'2014. OMB 0651-0032
`US. 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 contains a valid OMB control number.
`
`_
`_
`Appllcatlon Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`_
`
`77580-196(VRNK1CP3CNFT1D)
`
`_ Title of Invention
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`Applications
`
`|:|
`
`This application (1} claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March
`
`16, 2013.
`
`Authorization to Permit Access:
`
`|:| Authorization to Permit Access to the Instant Application by the Participating Offices
`
`If checked, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO),
`the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO),
`and any other intellectual property offices in which a foreign application claiming priority to the instant patent application
`is filed access to the instant patent application. See 37 CFR 1.14(c) and (h). This box should not be checked if the applicant
`does not wish the EPO, JPO, KIPO, WIPO, or other intellectual property office in which a foreign application claiming priority
`to the instant patent application is filed to have access to the instant patent application.
`
`In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy of the instant patent application with respect
`to: 1) the instant patent application-as—filed; 2) any foreign application to which the instant patent application
`claims priority under 35 U.S.C. 119(a)—(d) if a copy of the foreign application that satisfies the certified copy requirement of
`37 CFR 1.55 has been filed in the instant patent application; and 3) any US. application-as-filed from which benefit is
`sought in the instant patent application.
`
`In accordance with 37 CFR 1.14(c), access may be provided to information concerning the date of filing this Authorization.
`
`Applicant Information:
`
`Providing assignment information in this section does not substitute for compliance with any requirement of part 3 of Title 37 of CFR
`to have an assignment recorded by the Office.
`
`1
`Applicant
`If the applicant is the inventor (or the remaining joint inventor or inventors under 37 CFR 1.45), this section should not be completed.
`The information to be provided in this section is the name and address of the legal representative who is the applicant under 37 CFR
`1.43; or the name and address of the assignee, person to whom the inventor is under an obligation to assign the invention, or person
`who otherwise shows sufficient proprietary interest in the matter who is the applicant under 37 CFR 1.46. If the applicant is an
`applicant under 37 CFR 1.46 (assignee, person to whom the inventor is obligated to assign, or person who otherwise shows sufficient
`proprietary interest) together with one or more joint inventors, then the joint inventor or inventors who are also the applicant should be
`identified in this section.
`
`@ Assignee
`
`0 Legal Representative under 35 U.S.C. 117
`
`
`0 Joint Inventor
`
`
`
`
`
`
`0 Person to whom the inventor is obligated to assign. Person who shows sufficient proprietary interest ‘0
`
`
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 10
`
`Petitioner Apple Inc. - Ex. 1004, p. 10
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 0161/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
` Attorney Docket Number
`77580-196(VRNK1CP3CNFT1D)
`
`Application Data Sheet 37 CFR 1.76
`_
`_
`
`Application Number
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`
`T't'e °f Invent'on
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`If applicant is the legal representative. indicate the authority to file the patent application, the inventor is:
`
`::
`
`Name of the Deceased or Legally lncapacitated Inventor :
`
`If the Applicant is an Organization check here.
`
`Organization Name
`
`VIRNETX, INC.
`
`Mailing Address Information:
`
`Address 1
`
`Address 2
`
`City
`
`PO. Box 439
`
`Zephyr Cove
`
`StateIProvince
`
`NV
`
`---
`Fax Number
`Phone Number
`
`Email Address
`
`
`Additional Applicant Data may be generated within this form by selecting the Add button.
`
`Add
`
`Non-Applicant Assignee Information:
`
`
`Providing assignment information in this section does not subsitute for compliance with any requirement of part 3 of Title 37 of CFR to
`have an assignment recorded by the Office.
`
`Assignee
`
`
`
`
`
`
`1 C
`
`omplete this section only if non-applicant assignee information is desired to be included on the patent application publication in
`accordance with 37 CFR 1.215(b). Do not include in this section an applicant under 37 CFR 1.46 (assignee, person to whom the
`inventor is obligated to assign, or person who otherwise shows sufficient proprietary interest), as the patent application publication will
`include the name of the applicant(s).
`
`Remove
`
`
`If the Assignee is an Organization Check here.
`
`|:|
`
`Prefix m Middle Name
`
`Family Name
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 11
`
`Petitioner Apple Inc. - Ex. 1004, p. 11
`
`

`

`PTO/AIN14 (03-13)
`Approved for use through 011311'2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
` Attorney Docket Number
`77580-196(VRNK1CP3CNFT10)
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`SYSTEM AND METHOD EMPLOYING AN AGILE NETWORK PROTOCOL FOR SECURE
`
`T't'e °f Invent'on
`COMMUNICATIONS USING SECURE DOMAIN NAMES
`
`Mailing Address Information:
`
`Address 1
`
`Address 2
`
`
`City
`
`StatelProvince
`
`Additional Assrgnee Data may be generated wrthrn this form by selecting the Add button. m
`
`
`
`
`
`
`Signature:
`
`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and
`certifications
`
`Signature
`ffoby H. Kusmerl
`Date (YYYY-MM-DD)
`2013-06-06
`
`
`
`First Name
`Toby H.
`Last Name
`Kusmer, P.C.
`Registration Number
`26418
`
`Additional Signature may be generated within this form by selecting the Add button.
`
`This collection of information is required by 37 CFR 1.76. 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 23 minutes to complete, including gathering, preparing, and submitting the completed application data
`sheet 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, PO. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.0. Box 1450, Alexandria, VA 22313-1450.
`
`EFS Web 2.2.6
`
`Petitioner Apple Inc. — EX. 1004, p. 12
`
`Petitioner Apple Inc. - Ex. 1004, p. 12
`
`

`

`Privacy Act Statement
`
`(1) the general authority for the collection
`a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that:
`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.
`
`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 the Freedom of Information Act requires disclosure of these records.
`
`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. 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 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.
`
` The Privacy Act of 1974 (PL. 93-579) requires that you be given certain information in connection with your submission of the attached form related to
`
`
`
`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 ofa patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of37
`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 application

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