Apple Inc., et al.
`Exhibit 1002
`Apple Inc., et al. v. Global Touch Solutions, Inc.
`IPR2015-01175
`
`Exhibit 1002, Page 001
`
`

`
`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.O. Box 1450
`Alexandria, Virginia 22313-1450
`or @ (571)-273-2885
`through 5 should be completed where
`INS'I'RUC'1'IONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. 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 CORRESPONDENCE ADDRESS (Note: Use Dlock 1f0I any Chang: of addtcss)
`
`86528
`
`7590
`
`06/15/2012
`
`King & Spalding LLP
`401 Congress Avenue
`Suite
`.
`Austlny TX 78701
`
`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
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`d
`b
`I h
`T th Ce;_tif;cat(e )of_'FMailing (ir Tgansmdission d
`_th th U _
`ere y cert1 y
`at t 1s
`ee s
`ransmltta 1s
`e1ng eposlte w1
`e
`n1te
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`'
`d
`th USPTO 571 273-2885
`th , d
`' d"
`d b l
`.
`transmitte to
`e
`(
`)
`,on e ate 1n 1cate
`e ow
`(Depositofs narne)
`(Signature)
`(Date)
`
`
`
`Frederick J. Bruwer
`07/25/2011
`13/189,865
`TITLE OF INVENTION: INTELLIGENT USER INTERFACE INCLUDING A TOUCH SENSOR DEVICE
`
`68332.105011
`
`1075
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`LE, TUNG X
`
`$ 1740
`
`2821
`
`$3 00
`
`$0
`
`$2040
`
`09/17/2012
`
`315-20000A
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`D 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.
`
`
`
`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
`U2
`
`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)
`
`Please check the appropriate assignee category or categories (will not be printed on the aatent) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`D Issue Fee
`El Publication Fee (No small entity discount permitted)
`D Advance Order — # of Copies
`
`4b. Payment o 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.
`:I'I'he Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`J b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`D a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fcc (if rcquircd) will not be accepted from anyone other than the applicant; a rcgistcrcd 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 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. 122 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 v
`dependin 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
`e C ief In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexan ria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL—85 (Rev. 02/11) Approved for use through 08/31/2013.
`
`OMB 0651—0033
`
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`Exhibit 1002, Page 002
`
`

`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMNIISSIONER FOR PATENTS
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/189,865
`
`07/25/2011
`
`Frederick J. Bruwer
`
`68332105011
`
`1075
`
`King & Spalding LLP
`401 Congress Avenue
`Suite 3200
`Austin,
`
`LE, TUNGX
`
`2321
`
`DATE MAILED: 06/15/2012
`
`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.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 l-(888)—786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`
`
`Exhibit 1002, Page 003
`
`

`
`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 U.S. Patent and Trademark Office is to process
`and/or exan1ine 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 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
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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 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)).
`to the Administrator,
`A record from this system of records may be disclosed, as a routine use,
`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 fro111 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.
`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.
`
`
`
`Exhibit 1002, Page 004
`
`

`
`Application No.
`
`Applicant(s)
`
`13/189,865
`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.
`
`This communication is responsive to amendmenfsubmitted on 04/19/2012.
`
`2. El An election was made by the applicant in response to a restriction requirement set forth during the interview on
`the restriction requirement and election have been incorporated into this action.
`
`5
`
`3. IX The allowed c|aim(s) is/are 1-40.
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(
`a) I:I All
`b) I:I Some*
`C) III None
`of the:
`
`)—(d) or (f).
`
`1. El 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( )).
`
`* 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 ABAN DONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. I:I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAM|NER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. I] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) I:I including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO—948) attached
`
`1) I:I hereto or 2) I:I to Paper No./Mail Date
`
`(b) I:I including changes required by the attached Examiners Amendment / Comment or in the Office action of
`Paper No./Mail 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. I] 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. El Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. I:I Examiners Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. El Examiners Amendment/Comment
`
`8. I:I Examiners Statement of Reasons for Allowance
`
`9. El Other
`
`.
`
`/TUNG X. LE/
`
`Primary Examiner, Art Unit 2821
`June 10, 2012
`
`U.S Patent and Trademark Office
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20120610
`
`
`
`Exhibit 1002, Page 005
`
`

`
`ATTORNEY DOCKET
`68332105011
`
`PA'l'l£NT APPLICATION
`13/l89,865
`
`REMARKS
`
`This Application has been carefully reviewed in light of the Office Action mailed
`
`February 1, 2012. At
`
`the time of the Office Action, Claims 1-40 were pending in this
`
`Application. All pending Claims l-40 were rejected in the Office Action. Applicant respectfully
`
`requests reconsideration and allowance of all pending claims.
`
`Double Patenting Rejection
`
`The Examiner rejected Claims l—40 based on the judicially created double patenting
`
`doctrine over Claims 1-30 of related Patent No. 7,994,726 (‘726 Patent) stating that the subject
`
`matter claimed in the instant application is fully disclosed in the related patent.
`
`The Examiner rejected Claims 1-40 based on the judicially created double patenting
`
`doctrine over Claims l—25 of related Patent No. 7,498,749 (‘749 Patent) stating that the subject
`
`matter claimed in the instant application is fully disclosed in the related patent.
`
`The Examiner rejected Claims 26-40 based on the judicially created double patenting
`
`doctrine over Claims 1-22 of related Patent No. 7,336,037 (‘037 Patent) stating that the subject
`
`matter claimed in the instant application is fully disclosed in the related patent.
`
`Applicant respectfully traverses the rejection. However, to reduce the cost and time
`
`required to obtain patent protection, three Terminal Disclaimer filed in compliance with 37
`
`C.F.R. 1.321 are attached hereto. The ‘726, ‘749 and ‘037 Patents and the instant patent
`
`application are commonly owned by Azoteq Pty LTD.
`
`18543160
`
`
`
`Exhibit 1002, Page 006
`
`

`
`ATTORNEY DOCKET
`68332.lO50ll
`
`PATENT APPLICATION
`l3/189,865
`
`l0
`
`CONCILLUSION
`
`Applicant has made an earnest effort to place this case in condition for allowance in light
`
`of the remarks set forth above. Applicant respectfully requests reconsideration of the pending
`
`claims.
`
`Applicant believes there are no fees due at this time. However, the Commissioner is
`
`hereby authorized to cliarge any fees necessary or credit any overpayment to Deposit Account
`
`No. 50-4871 of King &: Spalding L.L.P.
`
`If there are any matters concerning this Application that may be cleared up in a telephone
`
`conversation, please Contact Applicanfs attorney at 512457-2030.
`
`Respectfully submitted,
`KING & SPALDING LLP
`
`Attomey for Applicant
`
`6m/
`
`1“
`
`Bruce W. Slay
`Registration No. 33,790
`
`Date: April 19, 2012
`
`SEND CORRESPONDENCE TO:
`KING & SPALDING L.L.P.
`
`CUSTOMER ACCOUNT NO. 86528
`512-457-2030
`
`51 2-457-2100 (fax)
`
`18543160
`
`
`
`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
`Alexandria, Virginia 223l3- 1450
`Www.uspto gov
`
`13/189,865
`
`07/25/2011
`
`Frederick J. Bruwer
`
`68332105011
`
`1075
`
`King &SpaldingLLP —
`°2’°“””
`7590
`“S”
`401 Congress Avenue
`LE» TUNG X
`Suite 3200
`PAPER NUMBER
`Austin, TX 78701
`
`ART UNIT
`5.)00N>—-
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/01/2012
`
`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):
`AustinUSPTO@l<slaw.com
`AustinIP @kslaw.com
`e1nitchell@ kslaw.com
`
`PTOL—90A (Rev. 04/07)
`
`
`
`Exhibit 1002, Page 008
`
`

`
`Office Action Summary
`
`Application No.
`
`App|icant(s)
`
`13/189,865
`
`Examiner
`TUNG x. LE
`
`BRUWER, FREDERICK J.
`
`A" Unit
`2821
`
`-- The MAILING DATE 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 Q 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 CFR1.136(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)lXl Responsive to communication(s) filed on 25 Ju/12011.
`
`2a)I:I This action is FINAL.
`
`2b)IZ This action is non—final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`;the restriction requirement and election have been incorporated into this action.
`
`4)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 Exparte Quayle, 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
`
`5) Claim(s) 11$/are pending in the application.
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)I:I Claim(s) j is/are allowed.
`
`7)|Xl Claim(s)1-_z1()is/are rejected.
`
`8)I:l Claim(s) j is/are objected to.
`
`9)I:I Claim(s) j are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)|:I The specification is objected to by the Examiner.
`
`11)I:I The drawing(s) filed on j is/are: a)I:I accepted or b)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).
`
`12)|:l 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
`
`13)|: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.|:| Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No. j.
`
`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)
`
`4) D Interview Summary (PTO-413)
`Papel N0(3)/Ma” D319 j -
`5) I:I NOTICQ Of Informal Patel“ APPIIC-’=1TI0“
`6) D Other:
`.
`
`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)/Mail Date 8/26/2011.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 01262012
`
`
`
`Exhibit 1002, Page 009
`
`

`
`Application/Control Number: 13/189,865
`
`Page 2
`
`Art Unit: 2821
`
`DETAILED ACTION
`
`This Office Action is in response to the Applicant’s communication filed on July
`
`25, 2011.
`
`In virtue of this communication, claims 1-40 are currently presented in the
`
`instant application.
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on 08/26/2011 is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Double Patenting
`
`2.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`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
`
`USPQ2d 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
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`USPQ 644 (CCPA 1969).
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`
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`Exhibit 1002, Page 010
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`

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`Application/Control Number: 13/189,865
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`Page 3
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`Art Unit: 2821
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`3.
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
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`may be used to overcome an actual or provisional rejection based on a nonstatutory
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`double patenting ground provided the conflicting application or patent either is shown to
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`be commonly owned with this application, or claims an invention made as a result of
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`activities undertaken within the scope of a joint research agreement.
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`4.
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`Effective January 1, 1994, a registered attorney or agent of record may sign a
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`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
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`37 CFR 3.73(b).
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`5.
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`Claims 1-40 are rejected on the ground of nonstatutory obviousness-type double
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`patenting as being unpatentable over claims 1-30 of U.S. Patent No. 7,994,726.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because all limitations of claims 1-40 of the instant application are included
`
`in claims 1-30 of the above patent.
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`6.
`
`Claims 1-40 are rejected on the ground of nonstatutory obviousness-type double
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`patenting as being unpatentable over claims 1-25 of U.S. Patent No. 7,498,749.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because all limitations of claims 1-40 of the instant application are included
`
`in claims 1-25 of the above patent.
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`7.
`
`Claims 26-40 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 7,336,037.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`
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`Exhibit 1002, Page 011
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`

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`Application/Control Number: 13/189,865
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`Page 4
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`Art Unit: 2821
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`each other because all limitations of claims 26-40 of the instant application are included
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`in claims 1-22 of the above patent.
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`Conclusion
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`8.
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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 Takei (U.S. Patent No. 6,051,931) discloses work lamp on/off control
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`circuit.
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`Prior art Schmidt et al. (U.S. Patent No. 6,040,660) discloses device for
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`controlling the intensity of the light emitted by a lighting element of a lighting apparatus,
`
`in particular a flashlight.
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`Prior art Nilssen (U.S. Patent No. 5,418,433) discloses flashlight with hybrid
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`battery and electronic control circuit.
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`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X. LE whose telephone number is (571 )272—
`
`6010. The examiner can normally be reached on 8:30 AM — 5:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`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.
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`
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`Exhibit 1002, Page 012
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`

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`Application/Control Number: 13/189,865
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`Page 5
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`Art Unit: 2821
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`Information regarding the status of an application may be obtained from the
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`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.
`
`For more information about the PAIR system, see http://pair—direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toII—free).
`
`If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/TUNG X. LE/
`
`Primary Examiner, Art Unit 2821
`January 27, 2012
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`
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`Exhibit 1002, Page 013