UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addiess: COIVINIISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`22850
`
`7590
`
`10/18/2011
`
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`1940 DUKE STREET
`ALEXANDRIA, VA 22314
`
`EXAIVIINER
`
`BURGESS, BARBARA N
`
`ART UNIT
`
`2457
`
`PAPER NUMBER
`
`DATE MAILED: 10/18/2011
`
`341244US91CONT
`Daniel I. Mendez
`06/22/2009
`12/489,326
`TITLE OF INVENTION: SYSTEM AND METHOD FOR GLOBALLY AND SECURELY ACCESSING UNIFIED INFORMATION IN A COMPUTER
`NETWORK
`
`1393
`
`APPLN TYPE
`
`SMAI I ENTITY
`
`ISSUE FEE DUE
`
`PUBI IC ATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`$1740
`
`$300
`
`$2040
`
`01/18/2012
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAlWINED 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 WITHDRAVVAL FROlVI ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`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 FORIVI
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`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 fcc(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. A11 communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing an applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—SS (Rev. 02/11)
`
`Page 1 of 3
`
`VMware Exhibit 1008 Page 1
`
`VMware Exhibit 1008 Page 1
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCEADDRESS (Note: Use Block lfor any change ofmidress}
`
`Note: A certificate of mailin can onIy be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`lave its own certificate of mailing or transmission.
`
`22850
`
`7590
`
`10/18/2011
`
`_
`_
`Certificate ofMailiryg or_Tra_nsmission
`_
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`1940 DUKE STREET
`s523i:b35331lgyertlféetfiifufiifricléfi?3551222303613?16153511331332?5:551:53:
`ALEXANDRIA VA 22314
`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)
`(Dam)
`
`
`
`341 244US9 1 CONT
`Daniel J. Mendez
`06/22/2009
`12/489,326
`TITLE OF INVENTION: SYSTEM AND METHOD FOR GLOBALLY AND SECURELY ACCESSING UNIFIED INFORMATION IN A COMPUTER
`NETWORK
`
`1393
`
`APPLN. TYPE
`SMALL ENTITY
`ISSUE FEE DUE
`PUBLIC ATION FEE DUE
`PREV. PATD ISSITE FEE
`TOTAL FEE(_'S) DUE
`DATE DUE
`
`N 0
`$0
`nonprovisional
`$1740
`$300
`$2040
`01/18/2012
`
`B U RGESS , BARBARA N
`
`2457
`
`709- 248000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF { 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/122) attached.
`3 ”Fee Address" indication (or ”Fee Address" Indication form
`)TO/SB/47; Rev 0302 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page. list
`_
`,
`_
`(l) the names of up to 3 registered patent attorneys
`or agents OR, alternatively.
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`1
`
`2
`
`1
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignec is identified below, the document has been filed for
`)LEASE NOTE: Unless an assignec is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate assignec category or categories (wiII not be printed on the patent) : D IndividuaI D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO—2038 is attached.
`\
`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Depos1t Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:l b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`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 assignec or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`
`
`Date
`
`Registration No.
`
`
`
`This collection of information is required by 37 CFR 1.311. The information is re uired 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. I22 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary de endin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or su gestions for reducing this burden, should be sent to the C ief In ormation Officer, US. Patent and Trademark Office, US. Department of Commerce. PO.
`Box 1450, AIexan ria, Virginia 22313—1450. DO NOT SEND FEES OR COMPLETED FORVIS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Alexandria, Virginia 223 1 3— 1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
`
`
`PTOL-SS (Rev. 02/] 1) Approved for use through 08/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COVIMERCE
`
`VMware Exhibit 1008 Page 2
`
`VMware Exhibit 1008 Page 2
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addicss: COIVINIISSION'ER FOR PATENTS
`P.O. Box 1450
`Alexandria Virginia 2231371430
`www.uspto.gov
`
`APPLICATION NO.
`
`FILENG DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`12/489,326
`
`06/22/2009
`
`Daniel J‘ Mendez
`
`341 244US9 1 CONT
`
`1393
`
`22850
`
`7590
`
`10/18/2011
`
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`1940 DUKE STREET
`ALEXANDRIA, VA 22314
`
`BURGER BARBARA N
`
`2457
`
`DATE MAILED: 10/18/2011
`
`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 101 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 Adj ustment will be 101 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. 02/11)
`
`Page 3 of 3
`
`VMware Exhibit 1008 Page 3
`
`VMware Exhibit 1008 Page 3
`
`

`

`Privacy Act Statement
`
`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 patent application or patent. Accordingly, pursuant to
`the requirements of the Act, please be advised that: (l) 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 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:
`
`L»)
`
`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 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.
`4. 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).
`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. 218(0)).
`to the Administrator,
`7. A record from this system of records may be disclosed, as a routine use,
`General Services, or his/her dcsigncc, 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.
`
`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.
`
`VMware Exhibit 1008 Page 4
`
`VMware Exhibit 1008 Page 4
`
`

`

`
`
`Notice Of Allowabrllty
`
`Applicant(s)
`Application No.
`
`12/489,326
`MENDEZ ET AL.
`Examiner
`Art Unit
`
`
`
`BARBARA BURGESS 2457
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All 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 in due 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. IX This communication is responsive to amendment filed 7—20—1 1.
`
`2. El An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed claim(s) is/are 46-85.
`
`4. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) [I All
`b) [I Some*
`0) [I None
`of the:
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`3. El 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.
`
`5. D 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.
`
`6. El CORRECTED DRAWINGS (as “replacement sheets") must be submitted.
`(a) [I including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) El hereto or 2) I] to Paper N0./Mai| Date
`(b) [I including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| 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).
`
`7. El 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.
`
`Attachment(s)
`1. IX Notice of References Cited (PTO-892)
`2. El Notice of Draftperson‘s Patent Drawing Review (PTO-948)
`
`3.
`
`5. El Notice of Informal Patent Application
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. El Examiner‘s Amendment/Comment
`
`8. El Examiner‘s Statement of Reasons for Allowance
`
`Information Disclosure Statements (PTO/SB/OS),
`Paper No./Mai| Date 5—31—11
`4. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`9. El Other .
`
`
`
`
`
`
`
`/Barbara N Burgess/
`Primary Examiner, Art Unit 2457
`
`
`US. Patent and Trademark Office
`PTOL-37 (Rev. 03-11)
`
`Part of Paper No./Mail Date 20111008
`
`Notice 01 Allowability
`
`VMware Exhibit 1008 Page 5
`
`VMware Exhibit 1008 Page 5
`
`