UNITED ST ATES p ATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PA TENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF :ULOW ANCE AND FEE(S) DUE
`
`7590
`Dennis J. Dupray
`1801 Belvedere Street
`Golden, CO 80401
`
`05/2512005
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`PAPER NUMBER
`
`3662
`
`DA TE MAILED: 05/25/2005
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/262,4I3
`
`09/30/2002
`
`Dennis J. Dupray
`
`1003-2
`
`2233
`
`TITLE OF INVENTION: WIRELESS LOCATION USING HYBRID TECHNIQUES
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE
`
`PUBLICATION FEE
`
`TOT AL FEE(S) DUE
`
`nonprovisional
`
`YES
`
`$700
`
`$300
`
`$1000
`
`DATE DUE
`
`08/25/2005
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION .QN 11!.E. MERITS lS. CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAW AL FROM 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
`11!1.S.
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`STATUTORY PERIOD CANNOT J!E EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`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:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`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
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE 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 should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(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.
`
`III. All 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.
`
`IMPORT ANT REMINDER: Utility patents issuing on 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-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`Pagel of 3
`
`Apple, Inc. Exhibit 1038 Page 1
`
`

`
`PART B - FEE(S) TRANSMITTAL
`Complete and send this form, together with applicable fee(s), to: Mfil! Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(703) 746-4000
`or.Ell
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated 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 Block I for eny change of address)
`
`7590
`Dennis J. Dupray
`180 I Belvedere Street
`Golden, CO 8040 I
`
`0512512005
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal S'ervice with sufficient postage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (703) 746-4000, on the date indicated below.
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/262,413
`
`09/30/2002
`
`Dennis J. Dupray
`
`1003-2
`
`2233
`
`TITLE OF INVENTION: WIRELESS LOCATION USING HYBRID TECHNIQUES
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`YES
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ISSUE FEE
`
`$700
`
`ART UNIT
`
`3662
`
`PUBLICATION FEE
`
`TOT AL FEE(S) DUE
`
`$300
`
`$1000
`
`DATE DUE
`
`08/25/2005
`
`CLASS-SUBCLASS
`
`342-451000
`
`I. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/4 7; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(I) 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
`liste<I, no name will be printed.
`
`2. _ ___ ___ _____ _
`
`3
`- - - - - - - - - - - - - -
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been tiled for
`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 STA TE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
`4a. The following fee(s) are enclosed:
`4b. Payment ofFee(s):
`0 Issue Fee
`0 A check in the amount of the fee(s) is enclosed.
`Q Publication Fee (No small entity discount permitted)
`Q Payment by credit card. Form PT0-2038 is attached.
`Q Advance Order - #of Copies
`Q The Director is hereby authorized by charge the required fee(s), or credit any ovefllayment, to
`(enclose an extra copy ofth1s form).
`Deposit Account Number
`
`5. Change in Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR I .27(g)(2).
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`The Director of the US PTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`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.
`.
`
`Typed or printed name _______________ __ ___ _
`
`Registration No . - - - - - - - - - - - - - -
`
`This collection of information is required by 37 CFR 1.311. The information is re<juired 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 12 minutes to complete, including gathering, prepanng, and
`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you reguire to complete
`this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, l'.O.
`Box 1450, Alexancfna, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 2231 J-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. 12/04) Approved for use through 04/30/2007.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Apple, Inc. Exhibit 1038 Page 2
`
`

`
`UNITED ST ATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`10/262,413
`
`09/30/2002
`
`Dennis J. Dupray
`
`1003-2
`
`2233
`
`7590
`Dennis J. Dupray
`1801 Belvedere Street
`Golden, CO 8040 l
`
`0512512005
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`PAPER NUMBER
`
`DA TE MAILED: 05/25/2005
`
`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 (703) 305-8283.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`Page 3 of 3
`
`Apple, Inc. Exhibit 1038 Page 3
`
`

`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`10/262 413
`Examiner
`
`Dao L. Phan
`
`DUPRAY ET AL
`Art Unit
`
`3662
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the co"espondence address(cid:173)
`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. C8l This communication is responsive to 2122105.
`2. C8l The allowed claim(s) is/are 139-198 (renumbered 1-60).
`3. C8l The drawings filed on 9130/02 are accepted by the Examiner.
`4. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some* c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`6. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I 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. 0 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. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`
`3. [8J Information Disclosure Statements (PT0-1449 or PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application (PT0-152)
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. 181 Examiner's Amendment/Comment
`8. D Examiner's Statement of Reasons for Allowance
`9. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowability
`
`Part of Paper No./Mall Date 051005
`
`L~,~~.~·) ~·~~- :,.:\;\}
`. v~~,~~~~~rr F.~;r·;:\t\::~~:~r::~:~
`
`Apple, Inc. Exhibit 1038 Page 4
`
`

`
`Application/Control Number: 10/262,413
`Art Unit: 3662
`
`. Page 2
`
`1.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Claims 1-138 have been cancelled.
`
`2.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Dao L. Phan whose telephone number is (571 )272-
`
`6976. The examiner can normally be reached on M-F 9:00-5:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Tarcza Thomas can be reached on (571 )272-6979. The fax phone number
`
`for the organization where this application or proceeding is ~ssigned is 703-872-9306.
`
`3.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`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 (toll-free).
`
`Apple, Inc. Exhibit 1038 Page 5