•
`
`UNITED STATES PATENT AND 'TRADEMARK 0FF1GE
`
`• UNITED STAT&S DEPARTMENT OF COMMERCE
`
`Uoiiod States PCltent Rnd Trndcm.ark Office
`Addr .. o: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washinl!tQn. D.C. 20231
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCI).ET NO.
`
`CONFIRMATION NO.
`
`091770,838
`
`01/26/2001
`
`Dennis J. Dupray
`
`1003-1
`
`8410
`
`08/I4/2002
`
`7590
`Dennis J. Dupray, Ph.D.
`1801 Belvedere Street
`Golden, CO 80401
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`PAPER NUMBER
`
`DATE MAILED: 08/14/2002
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 07-01)
`
`Apple, Inc. Exhibit 1025 Page 1
`
`

`
`•
`
`Office Ac11ion S{/jfmm21rry
`
`09/770,838 • Applicant(s)
`
`Application No.
`
`Dupray et al
`
`Examiner
`
`Dao L. Phan
`
`Art Unit
`3662
`
`2
`
`MONTH(S) FROM
`
`-- 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
`THE MAILING DATE OF THIS COMMUNICATION .
`• Extensions of time may be available under the provisions of 37 CFR 1.136 (a).
`mailing date of this communication .
`• If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`• 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).
`· Arrv reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce arrv
`earned patent term adjustment. See 37 CFR 1. 704(b).
`Status
`1 ) IXl Responsive to communication(s) filed on .;;;.J"'"u/;...;2;;;;<,'""'2"'"0;;;..0;;;.;2;;;;._ ____________________ _
`2a) 0 This action is FINAL.
`2bl 0 This action is non-final.
`3) 1Xl 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 C. D. 11; 453 O.G. 213.
`Disposition of Claims
`4) 1Xl Claim(s) =.:....::..:::..:=-----------------------is/are pending in the application.
`
`In no event, however, may a reply be timely filed after SIX (6) MONTHS from the
`
`4a) Of the above, claim(s) - - - - - - - - - - - - - - - - - - - - is/are withdrawn from consideration.
`5) 1Xl Claim(s) 221-225, 227-242, 244-246, 248, 250-273, and 275-295
`
`is/are allowed.
`
`6) 0 Claim(s) - - - - - - - - - - - - - - - - - - - - - - - - - - is /a re rejected.
`7) IXl Claim(s)
`is/are objected to.
`8) 0 Claims
`Application Papers
`9) 0 The specification is objected to by the Examiner.
`
`are subject to restriction and/or election requirement.
`
`1 0)0 The drawing(s) filed on
`
`is/are a) 0 accepted or b)O 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).
`11 )0 The proposed drawing correction filed on
`is: a)O approved b)O disapproved by the Examiner.
`
`If approved, corrected drawings are required in reply to this Office action.
`
`12)0 The oath or declaration is objected to by the Examiner.
`Priority under 35 U.S. C. § § 119 and 120
`13)0 Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) 0 All b)O Some* c)O None of:
`
`1. 0 Certified copies of the priority documents have been received.
`
`2. 0 Certified copies of the priority documents have been received in Application No. - - - - - - - - -
`3.
`Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 1 7.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`14)0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
`a) 0 The translation of the foreign language provisional application has been received.
`15)0 Acknowledgement is made of a claim for domestic priority under 35 U.S. C. § § 120 and/or 121.
`Attachment(s)
`
`1)
`Notice of References Cited (PTQ.892)
`2) 0 Notice of DraftspeNIOn's Patent Drawing Review (PTQ.948)
`3) IXJintormation Disclosure Statement(s) (PT0·1449) Paper No(s). __ _
`
`4) 0 Interview Summary (PT0·413) Paper No(s). __ _
`5) 0 Notice of Informal Patent Application (PT0·1 52)
`6) 0 Other:
`
`U. S. Potent and Trademark Office
`PT0-326 (Rev. 04-01)
`
`Office Action Summary
`
`Part of Paper No. 17
`
`Apple, Inc. Exhibit 1025 Page 2
`
`

`
`•
`
`Application/Control Number: 09/770838
`
`Art Unit: 3662
`
`•
`
`Page 2
`
`1.
`
`Claims 226, 243, 249, and 274 are objected to because of the following informalities:
`
`there are no period at the end of the claims. Appropriate correction is required.
`
`2.
`
`Claim 247 is objected to because the claim appears to be incomplete. Appropriate
`
`correction is required.
`
`3.
`
`Claims 226, 243, 247, 249, and 274 would be allowable if rewritten or amended to
`
`overcome the objections(s).
`
`4.
`
`5.
`
`Claims 221-225, 227-242, 244-246, 248, 250-273, 275-295 are allowed.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Dao L. Phan whose telephone number is (703)306-4167.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is (703)306-4187.
`
`Apple, Inc. Exhibit 1025 Page 3
`
`

`
`l I
`
`UNITED STATES PATENT AND 'J'RADEMARK 0FF1CE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United St.u~el!l P tent and 'rradetnark Office
`Address: CO
`•
`lONER OF PATENTS AND TRADEMARKS
`Wasi
`, D.C. 20231
`www.-.; .,., ;:::.,gov
`
`NOTICE OlF ALLOWANCE ANID lFEJE(S) DUE
`
`7590
`Dennis J. Dupray, Ph.D.
`180 l Belvedere Street
`Golden, CO 8040 I
`
`03/11/2003
`
`APPLICATION NO.
`091770,838
`
`FILING DATE
`01/26/2001
`
`FIRST NAMED INVENTOR
`
`Dennis J. Dupray
`
`TITLE OF fNVENTION: A GATEWAY AND HYBRID SOLUTIONS FOR WIRELESS LOCATION
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`CLASS-SUBCLASS
`
`342-450000
`
`DATE MAILED: 03/11/2003
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`1003-1
`
`8410
`
`APPLN.TYPE
`
`nonprovisional
`
`SMALL ENTITY
`YES
`
`ISSUE FEE
`
`$650
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$950
`
`DATE DUE
`
`06/11/2003
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION .QN IHE. MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`
`. . ~ ;
`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 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 is changed, pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above and notify the
`United States Patent and Trademark Office of the change in status, 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 the box below and enclose
`the PUBLICATION FEE and 112 the ISSUE FEE shown above.
`C1 Applicant claims SMALL ENTITY status.
`See 37 CFR 1.27.
`
`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
`Box ISSUE FEE unless advised to the contrary.
`
`IMPORTANT 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. 04-02) Approved for use through 01/31/2004.
`
`Page I of4
`
`Apple, Inc. Exhibit 1025 Page 4
`
`

`
`• PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M.!ill Box ISSUE FEE
`Commissioner for Patents
`Washington, D:C. 20231
`E.u (703)746-4000
`INSTRUCTIONS: Th1s fonn should be used for transmlttmg the ISSUE FEE and PUBLICATION FEE (If required). Blocks I through 4 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 I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`COkkEN I CURKESPONDENCE ADDkfSS (Note: tegtbly mark~up wath any correcttons or use Block I)
`7590
`03/11/2003
`Dennis J. Dupray, Ph.D.
`1801 Belvedere Street
`Golden, CO 80401
`
`Note: A certtftcate of matlmg can only be used for domesttc mathngs 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 Service with sufficient postage for first class mail in an
`envelope addressed to the Box Issue Fee address above, or being facsimile
`transmitted to the USPTO on the date indicated below
`
`FIRST NAMED INVENTOR
`FILING DATE
`APPLICATION NO.
`Dennis J. Dupray
`01/26/2001
`09/770,838
`TITLE OF INVENTION: A GATEWAY AND HYBRID SOLUTIONS FOR WIRELESS LOCATION
`
`(Depositors name)
`
`(Signature)
`
`(Date)
`
`I ATTORNEY DOCKET NO.
`
`1003-1
`
`CONFIRMATION NO.
`8410
`
`APPLN. TYPE
`nonprovisional
`
`SMALL ENTITY
`YES
`
`ISSUE FEE
`$650
`
`PUBLICATION FEE
`$300
`
`TOTAL FEE(S) DUE
`$950
`
`DATE DUE
`06/11/2003
`
`EXAMINER
`PHAN, DAO LINDA
`
`ART UNIT
`3662
`
`CLASS-SUBCLASS
`342-450000
`
`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/47; 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 listed, no name will be printed.
`
`2 ______________ __
`
`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. Inclusion of assignee data is only appropriate when an assignment has
`been previously submitted to the 1JSPTO or is being submitted under separate cover. 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 patent)
`4a. The following fee(s) are enclosed:
`4b. Payment ofFee(s):
`0 A check in the amount of the fee(s) is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`0 The Commissioner is hereby authorized by charge the required fee(s), or credit any overpayment, to
`Deposit Account Number
`(enclose an extra copy of this form).
`
`0 Issue Fee
`0 Publication Fee
`0 Advance Order- #of Copies-------
`
`0 individual 0 corporation or other private group entity 0 government
`
`Commissioner for Patents 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.
`
`(Authorized Signature)
`
`(Date)
`
`NOTE; The Issue Fee and Pubhcatlon Fee (1f 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.
`Th1s collectton of mformatwn 1s requtred by 37 CFR 1.311. The mfonnatwn IS reqmred to
`obtain or retain a benefit by the public wh1ch 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 complets including gathering, preparing, and submitting the
`completed application fonn to the USP 1 0. Time Will vary depending upon the indiv1dual
`case. Any comments on the amount of time you require to complete this form and/or
`suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, Washington, D.C. 20231. DO
`NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO:
`Commissioner for Patents, Washington, DC 20231.
`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.
`
`TRANSMIT THIS FORM WITH FEE(S)
`PTOL-85 (REV. 04-02) Approved for use through 01/31/2004. OMB 0651-0033
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Apple, Inc. Exhibit 1025 Page 5
`
`

`
`•
`
`UNITED STATES PATENT AND 'IRADEMARK OFFICE
`
`•
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Sto.tes Patent and Tradetnark Office
`Addres•: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/770,838 .
`
`01/26/2001
`
`Dennis J. Dupray
`
`1003-1
`
`8410
`
`7590
`Dennis J. Dupray, Ph.D.
`1801 Belvedere Street
`Golden, CO 8040 I
`
`03/11/2003
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`DATE MAILED: 03/11/2003
`
`PAPER NUMBER
`
`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 days. 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 term adjustment will be 0 days.
`
`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) system. (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 (703)305-1383.
`
`PTOL-85 (REV. 04-02) Approved for use through 0113112004.
`
`Page 3 of4
`
`Apple, Inc. Exhibit 1025 Page 6
`
`

`
`•
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`•
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`www.uepto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`091770,838
`
`01126/2001
`
`Dennis J. Dupray
`
`1003-1
`
`8410
`
`03/I I/2003
`
`7590
`Dennis J. Dupray, Ph.D.
`180 I Belvedere Street
`Golden, CO 8040 I
`UNITED STATES
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`3662
`
`DATE MAILED: 03111/2003
`
`PAPER NUMBER
`
`Notice of Fee Increase on .January 1, 2003
`
`If a reply to a "Notice of Allowance and Fee(s) Due" is filed in the Office on or after January 1, 2003, then the
`amount due will be higher than that set forth in the "Notice of Allowance and Fee(s) Due" since there will be an increase
`in fees effective on January 1, 2003. ~Revision of Patent and Trademark Fees .fur~ Year 2003: Final Rule, 67 Fed.
`Reg. 7084 7, 70849 (November 27, 2002).
`
`The current fee schedule is accessible from: http://www.uspto g;ov/main/howtofees htm
`
`If the issue fee paid is the amount shown on the "Notice of Allowance and Fee(s) Due," but not the correct amount
`in view of the fee increase, a "Notice to Pay Balance of Issue Fee" will be mailed to applicant. In order to avoid
`processing delays associated with mailing of a "Notice to Pay Balance of Issue Fee," if the response to the Notice of
`Allowance and Fee(s) due fonn is to be filed on or after January l, 2003 (or mailed with a certificate of mailing on or
`after January 1, 2003), the issue fee paid should be the fee that is required at the time the fee is paid. Ifthe issue fee was
`previously paid, and the response to the "Notice of Allowance and Fee(s) Due" includes a request to apply a
`previously-paid issue fee to the issue fee now due, then the difference between the issue fee amount at the time the
`response is filed and the previously paid issue fee should be paid. See Manual of Patent Examining Procedure, Section
`1308.01 (Eighth Edition, August 2001).
`
`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.
`
`Page 4 of4
`
`PTOL-85 (REV. 04-02) Approved for use through 01/31/2004.
`
`Apple, Inc. Exhibit 1025 Page 7
`
`

`
`Notice of Allowalbility
`
`Application No.
`09/770,838
`
`Examiner
`
`•
`
`Applicant(s)
`
`Dao L. Phan
`
`Art Unit
`3662
`
`--The MAILING DATE 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. lXI This communication is responsive to ~11:....:1:...::Q~Vi.:::0.:::3 _________________________ _
`
`2.1Xl Theallowedclaim~)i~a~=2=2~1-~2~9~5~l~re~n~u~m~b~e~re~d~1~-7~5~)~~~~~~~~~~~~~~~~~~~~
`
`3.1Xl The drawings filed on 1/26!01 and 3/1/02 are accepted by the Examiner.
`
`4. D Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2.
`Certified copies of the prio~iW 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)).
`*CertHiedco~esnmreceived: ______________________________ ~
`
`5.1Xl Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`
`(a)
`
`The translation of the foreign language provisional application has been received.
`
`6.
`
`Acknowledgement is made of a claim for domestic priority under 35 U.S. C. § § 120 and/or 121.
`
`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-iVIONTH PERIOD IS NOT
`EXTENDABLE.
`7. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-1 52) which gives reason(s) why the oath or declaration is deficient.
`
`8.
`
`CORRECTED DRAWINGS must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review (PT0-948) attached
`1 J D hereto or 2) D to Paper No.
`including changes required by the proposed drawing correction filed - - - - - - - - - , which has been
`approved by the examiner.
`including changes required by the attached Examiner's Amendment/Comment or in the Office action of
`Paper No.
`
`(c)
`
`(b)
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the top margin (not the back) of
`each sheet. The drawings should be filed as a separate paper with a transmittal letter addressed to the Official Draftsperson.
`
`9.
`
`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 0 Notice of References Cited (PT0-892)
`3 0 Notice of Draftsperson's Patent Drawing Review (PT0-9481
`5 ~ Information Disclosure Statement(s) (PT0-1449), Paper No(s). __ _
`7 D Examiner's Comment Regarding Requirement for Deposit of Biological
`Material
`
`91XJ Other
`
`Notice of Informal Patent Application (PT0-1521
`2
`4 D Interview Summary (PT0-4131, Paper No. __ .
`Examiner's Amendment/Comment
`6
`81Xl
`
`E"m'""'' Stotem'"' of R~
`
`· OAOPHAN·
`PATENT E)f.AMINEA
`
`U. S. Patent and Trademark Office
`PT0-37 (Rev. 04-01)
`
`Notice of Allowability
`
`Part of Paper No. 21
`
`Apple, Inc. Exhibit 1025 Page 8
`
`

`
`'• ...
`
`•
`
`Application Number: 09i770838
`
`Art Unit: 3662
`
`•
`
`The following is an examiner's statement of reasons for allowance: the examiner found no
`
`teaching in the prior art that would render obvious the claimed mobile station location system and
`
`method for use in a wireless network including the steps of "wherein the first location estimating
`
`source employs a first location finding technology, wherein the steps of first and second obtaining
`
`includes a step of providing the first and second location inputs in a common standardized format,
`
`and third obtaining the requested location information by selectively using portions of the data
`
`from the memory", claim 221, "initialing a plurality of requests for information related to the
`
`location of the mobile station M", claim 245, "where the first obtaining steps results from an
`
`activation of at least two different wireless location technique, first determining, using the first
`
`location information, first output location data according to a first output criteria, second
`
`obtaining, in response to a second of the location requests received from a second of the
`
`requesting sources, at least second location information of a second location of a second of the
`
`mobile stations, and second determining, using the second location information, second output
`
`location data according to a second output criteria", claim 24 7, "providing access to first and
`
`second different mobile station location technique, wherein there is at least on predetermined
`
`common location related component activated for determining the resulting location information,
`
`and providing the resulting location information for each of the first and second mobile stations
`
`for presentation", claim 268, "repeatedly performing the following steps (Al) through (A3) for
`
`tracking the mobile station as claimed", claim 269, "receiving, from each of at least first and
`
`second mobile station location estimators" , claim 276, "providing access to a plurality of mobile
`
`Apple, Inc. Exhibit 1025 Page 9
`
`

`
`·-'
`
`•
`
`•
`
`station location estimating techniques", claim 278, "determining additional location information of
`
`the mobile station", claim 285, "generating one or more messages, for information related to a
`
`location of the first mobile station", claim 290, "determining a second location estimate of the
`
`mobile station by activating an accessible second of the location techniques, wherein when the
`
`mobile is at a first location, an instance of at least the first location estimate is used in obtaining
`
`step for obtaining a first corresponding instance of the resulting location information", claim 291,
`
`"a gating module for communicating with two or more mobile station location estimating sources
`
`for determining corresponding geographic extents for locations of a plurality of mobile stations,
`
`and a resulting estimator for determining a likely location estimate of the location L of the mobile
`
`station M", claim 292, ''wherein for a first of the mobile station location estimating sources, when
`
`estimating a location of one of the mobile station, and a resulting estimator for determining a
`
`likely location estimate of a location L of the mobile station M", claim 295.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for
`
`Allowance."
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to Dao L. Phan whose telephone number is (703)306-4167. ~
`
`DAOPHAN
`PA'f'ENT:E~MfNER
`
`Apple, Inc. Exhibit 1025 Page 10
`
`

`
`UNITED STATES PATE~ AND TRADEMARK OFFICE
`
`@,
`
`----------------------------------------------------------U~N~IT~ED~S~TA~T~ES-0-EP-A-RT-M-EN_T_O_FC_O_M-ME-R-CE-e~
`United States Patent and Trademark Office
`Ad~ss: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`I
`
`N01rliClE OlF ALLOW ANClE AN]]) lFlElE(§) ]]))l[JlE
`
`7590
`Dennis J. Dupray, Ph.D.
`1801 Belvedere Street
`Golden, CO 80401
`
`08/27/2003
`
`EXAMINER
`
`PHAN, DAO LINDA
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`3662
`
`342-450000
`
`DATE MAILED: 08/27/2003
`
`APPLICATION NO.
`09/770,838
`
`FILING DATE
`01/26/2001
`
`FIRST NAMED INVENTOR
`Dennis J. Dupray
`
`A TIORNEY DOCKET NO.
`1003-1
`
`CONFIRMATION NO.
`8410
`
`TITLE OF INVENTION: A GATEWAY AND HYBRID SOLUTIONS FOR WIRELESS LOCATION
`
`APPLN.TYPE
`nonprovisional
`
`SMALL ENTITY
`YES
`
`ISSUE FEE
`$650
`
`PUBLICATION FEE
`$300
`
`TOTAL FEE(S) DUE
`$950
`
`DATE DUE
`ll/28/2003
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION .QN THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`
`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
`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 is changed, pay the PUBLICATION FEE (if
`required) and twice the amount of the ISSUE FEE shown above
`and notify the United States Patent and Trademark Office of the
`change in status, 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 the box below and enclose
`the PUBLICATION FEE and 1/2 the ISSUE FEE shown above.
`1:J Applicant claims SMALL ENTITY status.
`See 37 CFR 1.27.
`
`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.
`
`IMPORTANT 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. 08/03) Approved for use through 04/30/2004.
`
`Page 1 of 4
`
`Apple, Inc. Exhibit 1025 Page 11
`
`

`
`•
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE lFElE
`Commissioner for Patents
`Alexandria, Virginia 22313-1450
`or fu (703) 746-4000
`INSTRUCTIONS: Th1s form should be used for transmittmg the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 4 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 I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Legibly mark-up with any corrections or use Block I)
`7590
`08/27/2003
`Dennis J. Dupray, Ph.D.
`1801 Belvedere Street
`Golden, CO 80401
`
`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 facsimtle
`transmitted to the USPTO on the date indicated below
`
`FIRST NAMED INVENTOR
`FILING DATE
`APPLICATION NO.
`Dennis J. Dupray
`01/26/2001
`09/770,838
`TITLE OF INVENTION: A GATEWAY AND HYBRID SOLUTIONS FOR WIRELESS LOCATION
`
`(Depositor's name)
`
`(Sigoature)
`
`(Date)
`
`I ATTORNEY DOCKET NO.
`1003-1
`
`CONFIRMATION NO.
`8410
`
`APPLN.TYPE
`nonprovisional
`
`SMALL ENTITY
`YES
`
`EXAMINER
`PHAN, DAO LINDA
`
`ISSUE FEE
`$650
`
`ART UNIT
`3662
`
`PUBLICATION FEE
`$300
`
`TOTAL FEE(S) DUE
`$950
`
`DATE DUE
`11/28/2003
`
`CLASS-SUBCLASS
`342-450000
`
`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/47; 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
`2
`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.
`
`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. Inclusion of assignee data is only appropriate when an assignment has
`been previously submitted to the USPTO or is being submitted under separate cover. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RES