Apple Inc., et al.
`Exhibit 1002
`Apple Inc., et al. v. Global Touch Solutions, Inc.
`IPR2015-01172
`
`Exhibit 1002, Page 001
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. 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
`figropriate. A11 further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`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 CORRESPONDENCE ADDRESS (Note: Use E1091” fm any change ofaddmss)
`
`31625
`
`7590
`
`10/21/2008
`
`BAKER BOTTS L.L.P.
`PATENT DEPARTIWENT
`98 SAN JACINTO BLVD., SUITE 1500
`
`AUSTIN, TX 78701-4039
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`Eapers. Each additional paper. such as an assignment or formal drawing, must
`ave 1ts own certificate of mailing or transmission.
`Certificate of Mailing 01' Transmission
`ISherebly cerltigy th_at thisfllfee(fsf) Transmittal isf beéng deiposited1with the Uriited
`tates osta
`erv1ce w1
`su 1c1ent postage or 1rst c ass ma1 1n an enve ope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571 ) 273-2885 on the date indicated below.
`
`
`
`(Depommm)
`(Siguatute)
`
`(Date)
`
`068332.0108
`Frederick J. Bruwer
`10/30/2007
`11/928,964
`TITLE OF INVENTION: IMPROVED INTELLIGENT ELECTRICAL SWITCHING DEVICE INCLUDING A TOUCH SENSOR USER INTERFACE
`SWITCH
`
`8050
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`LE, TUNG X
`
`$755
`
`2821
`
`$300
`
`315—20000A
`
`$1055
`
`01/21/2009
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`El Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/122) attached.
`D "Fee Address” indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Number is required.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will apoear on the patent.
`recordation as set forth in 37 CFR 311. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`
`
`2. For printing on the patent front page, list
`(1) 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
`
`2
`'1
`7
`
`Please check the appropriate assignee category or categories (will not be printed on the 3atent) :
`
`'3 Individual
`
`'3 Corporation or other private group entity '3 Government
`
`
`
`
`a.4Thf11'f()e o ow1ng ee s, are su m1tte :b'd
`
`
`
`
`D Issue Fee
`El Publication Fee (No small entity discount permitted)
`Advance Order— #ofCo ies
`D
`p
`
`
`
`ease 1rs reapp y any prev1ous y pal 1ssue ee s own a oveft 1 '1 'd' fh b)
`
`
`
`
`
`
`ee s, :F()(P1
`.4bP
`
`
`ayment o
`3 A check is enclosed.
`3 Payment by credit card. Form PTO-2038 is attached.
`ee s ,any e 1c1ency, or cre 1t any
`e
`1rector1s ere yaut onze to c arget e requ1re
`:I'l'h D'
`'h b
`h '
`d
`h
`h
`'df
`df"
`d'
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:I b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`D 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 assignee 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 informationis required by 37 CFR 1.311. The information1s re uired to obtain or retain a benefit by the public whichIS to file (and by the USPTO to process)
`an application. Confidentiality1s governedby 35 U.S.C. 22 and 37 CFR 1&14. T is collection1s estimated to take 12 minutes to complete, including gathering preparmg, and
`
`submitting the completed application form to the USPTO. Time will v
`eendin 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
`Cief In ormation Officer, U. S. Patent and Trademark Office, U. S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT S3ND 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 are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL785 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651003
`
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`Exhibit 1002, Page 002
`Exhibit 1002, Page 002
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`W\VW.USP[0.gOV
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/928,964
`
`10/30/2007
`
`Frederick J. Bruwer
`
`0683320108
`
`8050
`
`BAKER BOTTS L.L.P.
`
`98 SAN IACINTo BLVD, SUITE 1500
`AUSTIN’ TX 78701-4039
`
`LE’ TUNGX
`
`2821
`DATE MAILED: 10/21/2008
`
`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 0 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 0 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.uspt0. 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. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`Exhibit 1002, Page 003
`Exhibit 1002, Page 003
`
`

`

`
`
`Notice Of Allowability
`
`Application No.
`
`Applicant(s)
`
`11/928,964
`Examiner
`
`TUNG X. LE
`
`BRUWER, FREDERICK J.
`Art Unit
`
`2821
`
`-- 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 the amendment submitted on 8/22/2008.
`
`2. IX The allowed claim(s) is/are 1-25.
`
`3. El 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*
`c) I] None
`of the:
`
`1. I] Certified copies of the priority documents have been received.
`
`2. I] Certified copies of the priority documents have been received in Application No.
`
`3. I] Copies ofthe certified copies ofthe 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. [I 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. 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) I] hereto or 2) I] to Paper No./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).
`
`6. 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. I] Notice of Draftperson's Patent Drawing Review (PTO—948)
`
`3. El Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. I] Notice of Informal Patent Application
`
`6. I] Interview Summary (PTO—413),
`Paper No./Mai| Date
`.
`7. El Examiner's Amendment/Comment
`
`8. E Examiner's Statement of Reasons for Allowance
`
`9. I] Other
`
`
`
`/David Hung Vu/
`Primary Examiner, Art Unit 2821
`
`
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper N0./Mai| Date 10102008
`
`Exhibit 1002, Page 004
`Exhibit 1002, Page 004
`
`

`

`
`
`ATTORNEY DOCKET
`
`068332.0108
`
`PATENT APPLICATION
`
`11/928,964
`
`REMARKS
`
`This Application has been carefully reviewed in light of the Office Action mailed July 9,
`
`2008. At the time of the Office Action, Claims 1-25 were pending in this Application. Claims
`
`1—6, 9—11, 14, and 15 were rejected. Claims 21-25 were allowed and Claims 7, 8, 12, 13, and 16-
`
`20 were objected to. Claims 1—5 and 21 have been amended to further define various features of
`
`Applicant's invention. Applicant respectfully requests reconsideration and favorable action in
`
`this case.
`
`Claim Objections
`
`The Examiner objected to Claims 1—5 and 21 because of informalities. Applicant has
`
`amended Claims 1-5 and 21 accordingly, and request that the objections be Withdrawn.
`
`W T
`
`he Examiner rejected Claims 1, 2, 4, 5, 9, and 10 on the ground of nonstatutory
`
`obviousness—type double patenting as being unpatentable over Claims 3, 4, ll, 12, and 16—1 8 of
`
`US. Patent 7,336,037 B2 (hereinafter”'037 Patent"). The Examiner rejected Claims 1, 3, 6, l4,
`
`and 15 based on the ground of nonstatutory obviousness-type double patenting as being
`
`unpatentable over Claims 1—3, and 13 of US. Patent 7,329,970 B2 (hereinafter"'970 Patent").
`
`Applicant submits Terminal Disclaimers filed in compliance with 37 C.F.R. 1.321(a) and
`
`Statement of Assignee filed in compliance with 37 C.F.R. 3.73 (b). The ‘037 and '970 Patents
`
`and the instant patent application are commonly owned by Azoteq (Pty) Ltd.
`
`AUS011516498.1
`
`Exhibit 1002, Page 005
`Exhibit 1002, Page 005
`
`

`

`ATTORNEY DOCKET
`
`0683320108
`
`PATENT APPLICATION
`
`11/928,964
`
`WW
`
`Applicant appreciates the Examiner stating that Claims 21—25 would be allowable if
`
`corrected to overcome the objections set forth above. Applicant has amended Claim 21 to
`
`overcome these objections. Applicant submits Claims 21—25 are in condition for allowance and
`
`request favorable action.
`
`Claims 7, 8, 12, 13, and 16—20 were objected to as being dependent upon a rejected base
`
`claim. Applicant has amended base Claims 1 and 2 to overcome this objection. Applicant
`
`submits Claims 7, 8, 12, 13, and 16-20 are in condition for allowance and request favorable
`
`action.
`
`AUS012516498.1
`
`Exhibit 1002, Page 006
`Exhibit 1002, Page 006
`
`

`

`ATTORNEY DOCKET
`
`068332.0108
`
`PATENT APPLICATION
`
`11/928,964
`
`10
`
`CONCLUSION
`
`Applicant has now made an earnest effort to place this case in condition for allowance in
`
`light of the amendments and remarks set
`
`forth above. Applicant respectfully requests
`
`reconsideration of Claims 1-25.
`
`Applicant believes there are no fees due at this time, however, the Commissioner is
`
`hereby authorized to charge any fees necessary or credit any overpayment to Deposit Account
`
`No. 50-2148 of Baker Botts L.L.P.
`
`If there are any matters concerning this Application that may be cleared up in a telephone
`
`conversation, please contact Applicant's attorney at 512.322.2606.
`
`Respectfully submitted,
`BAKER BOTTS L.L.P.
`
`Attorney for Applicant
`
`Bruce W. Slayden
`Reg. No. 33,790
`
`Date:
`
`Q 2
`
`8
`
`SEND CORRESPONDENCE TO:
`BAKER BOTTS L.L.P.
`
`CUSTOMER ACCOUNT NO. 31625
`512.322.2606
`
`512.322.8383 (fax)
`
`AUSOl 25164981
`
`
`
`Exhibit 1002, Page 007
`Exhibit 1002, Page 007
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwuspto gov
`
`11/928,964
`
`10/30/2007
`
`Frederick J. Bruwer
`
`0683320108
`
`8050
`
`07/09/2008
`
`7590
`31625
`BAKERBOTTSLLP.
`PATENT DEPARTMENT
`98 SAN JACINTO BLVD, SUITE 1500
`AUSTIN, TX 78701-4039
`
`LE, TUNG X
`
`ART UN”
`h.)00b),_.
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/09/2008
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`PTOL—9OA (Rev. 04/07)
`
`Exhibit 1002, Page 008
`Exhibit 1002, Page 008
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
`11/928,964
`
`BRUWER, FREDERICK J.
`
`Art Unit
`Examiner
`Office Action Summary
`
`TUNG x. LE 2821
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE _MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a ).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IXI Responsive to communication(s) filed on 30 October 2007.
`
`2a)|:l This action is FINAL.
`
`2b)IZI This action is non-final.
`
`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)IXI Claim(s)1-_25 is/are pending in the application.
`
`
`4a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`SE Claim(s) M is/are allowed.
`
`6)IXI Claim(s) 1-6 9-11 14 and 15 is/are rejected.
`
`7)IXI Claim(s) 7-8 12-13 16-20 is/are objected to.
`
`8)I:I Claim(s)_ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:I The specification is objected to by the Examiner.
`
`10)IXI The drawing(s) filed on 30 October 2007 is/are: a)IZI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`a)I:I All
`
`b)I:I Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No.
`
`
`
`3.I:I 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)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO—948)
`3) IX] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date 5/01/2008.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`4) D Interview Summary (PTO-413)
`Paper N0(S)/M3II Date. _ -
`5) I:I Notlce 0f Informal Patent Appllcatlon
`6) D Other:
`
`Part of Paper No./Mai| Date 06252008
`
`Exhibit 1002, Page 009
`Exhibit 1002, Page 009
`
`

`

`Application/Control Number: 11/928,964
`
`Page 2
`
`Art Unit: 2821
`
`DETAILED ACTION
`
`This Office Action is in response to the Applicant's communication filed on
`
`October 30, 2007.
`
`In virtue of this communication, claims 1-25 are currently presented
`
`in the instant application.
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on 05/01/2008 is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Drawings
`
`2.
`
`The drawings submitted on 10/30/2007 are accepted.
`
`Claim Objections/Minor informalities
`
`3.
`
`Claims 1—5 and 21are objected to because of the following informalities:
`
`Claim 1, line 2, “comprising and/or” should be deleted;
`
`Claim 1, line 4, “comprising and/or” should be deleted;
`
`Claim 2, line 3, “1 (c)” should be explicitly addressed;
`
`Claim 3, line 2, “1 (c) (i)” should be explicitly addressed;
`
`Claim 4, line 3, “1 (0) (ii)” should be explicitly addressed;
`
`Claim 5, line 3, “1 (c) (iii)” should be explicitly addressed;
`
`Claim 21, line 2, “comprising and/or” should be deleted; and
`
`Claim 21, line 3, “comprising and/or” should be deleted;
`
`Appropriate correction is required.
`
`Exhibit 1002, Page 010
`Exhibit 1002, Page 010
`
`

`

`Application/Control Number: 11/928,964
`
`Page 3
`
`Art Unit: 2821
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`4.
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`are not identical, but at least one examined application claim is not patentably distinct
`from the reference claim(s) because the examined application claim is either anticipated
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`USPQZd 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1 .321(d)
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
`
`5.
`
`Claims 1-2, 4-5, and 9-10 are rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 3-4, 11-12, and
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`16-18 of U.S. Patent No. 7,336,037 B2. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other because (i) the inventions of
`
`the two groups of claims are directed to a common inventive matter, (ii) the difference in
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`descriptive language in the two group of claims (such as “an electrical unit” in claim 1,
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`line 1 of the instant applicant with respect to "an electrical module" recited in claim 3,
`
`line 1 of the stated patent, etc.) would have been convincingly obvious to a person
`
`skilled in the art, and (iii) the inclusion of a sense pad in the touch sensor switch as a
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`requirement for the switch operation has been commonly known in the art (see prior art
`
`Exhibit 1002, Page 011
`Exhibit 1002, Page 011
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`

`

`Application/Control Number: 11/928,964
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`Page 4
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`Art Unit: 2821
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`of record to Suzuki, US Patent No. 6,307,539 B2, elements [1, 5] in figures 1-2, column
`
`8, lines 50-63).
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`6.
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`Claims 1, 3, 6 and 14-15 are rejected on the ground of nonstatutory obviousness-
`
`type double patenting as being unpatentable over claims 1-3 and 13 of U.S. Patent No.
`
`7,329,970 B2. Although the conflicting claims are not identical, they are not patentably
`
`distinct from each other because (i) the inventions of the two groups of claims are
`
`directed to a common inventive matter, (ii) the difference in descriptive language in the
`
`two group of claims (such as “an electrical unit” in claim 1, line 1 of the instant applicant
`
`with respect to "an electrical module" recited in claim 1, line 1 of the stated patent, etc.)
`
`would have been convincingly obvious to a person skilled in the art, and (iii) the
`
`inclusion of a sense pad in the touch sensor switch as a requirement for the switch
`
`operation has been commonly known in the art (see prior art of record to Suzuki, US
`
`Patent No. 6,307,539 B2, elements [1, 5] in figures 1-2, column 8, lines 50-63).
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`Allowable Subject Matter
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`7.
`
`Claims 21-25 would be allowable if corrected to overcome the objections set forth
`
`above.
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`8.
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`Claims 7-8, 12-13 and 16-20 are objected to as being dependent upon a rejected
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`base claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`9.
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`The following is a statement of reasons for the indication of allowable subject
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`matter:
`
`Exhibit 1002, Page 012
`Exhibit 1002, Page 012
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`

`

`Application/Control Number: 11/928,964
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`Page 5
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`Art Unit: 2821
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`Prior art of record fails to disclose or fairly suggest:
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`A method of implementing a user interface for a product connected to a power
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`supply and further connected to at least one energy consuming load, using at least a
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`touch sensor user interface switch and a visible indicator, wherein the method includes
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`the steps of (b) activating the indicator when the load is not activated by the user; and
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`(c) performing an automatic delayed deactivation of a function that was activated in
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`response to an activation signal received via the user interface switch, in combination
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`with the remaining claimed limitations as claimed in independent claim 21 (claims 22-25
`
`would be allowed since they are dependent on claim 21).
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`Citation of Relevant Prior Art
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`10.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Prior art Casebolt et al. (US. Patent No. 6,850,229 B2) discloses a capacitive
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`sensing and data input device power management.
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`Prior art Rachwal (U.S. Patent No. 6,239,555 B1) discloses a flashlight.
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`Prior art Moseley (U.S. Patent No. 5,212,478) discloses a dynamic power
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`recovery system.
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`Inquiry
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`11.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X. LE whose telephone number is (571 )272-
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`6010. The examiner can normally be reached on 8:30 AM - 5:30 PM.
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`Exhibit 1002, Page 013
`Exhibit 1002, Page 013
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`

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`Application/Control Number: 11/928,964
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`Page 6
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`Art Unit: 2821
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Douglas Owens can be reached on 571-272-1662. The fax phone number
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`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
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`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
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800—786—91 99 (IN USA OR CANADA) or 571 —272—1 000.
`
`/Thuy Vinh Tran/
`for Le, Tung X., Examiner of Art Unit 2821
`07/01/2008
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`Exhibit 1002, Page 014
`Exhibit 1002, Page 014
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`