Jf
`
`l.FORMPT0.1390
`l"'tREV 10-95)
`
`U.S. DEPARTMENT OF COMMERCE PATENT AND TRADEMARK OFFICE ATTORNEYS rxx::KET NO
`
`63 Rec'd PCTIPTO 24 NOV 1998
`
`TRANSMITTAL LETTER TO THE UNITED STATES
`DESIGNATED/ELECTED OFFICE (DO/EO/US)
`CONCERNING A FILING UNDER 35 U.S.C. 371
`INTERNATIONAL APPUCATION NO.
`INTERNATIONAL FILING DATE
`
`1003-PUS
`U.S. APPLICATION NO. (If known, see 35 CFR 1.5)
`
`PRIORITY DATE CLAIMED
`
`PCT/US97 /15892
`TITLE OF INVENTION
`
`APPUCANT(S) FOR 00/EO/US
`
`08 September 1997
`
`09 September 1996
`
`"LOCATION OF A MOBILE STATION"
`
`DUPRA Y, Dennis Jay, KARR, Charles L.
`
`09/194367
`
`1.
`2.
`
`3.
`
`Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information:
`[X]
`[ ]
`[X]
`
`This is a FIRST submission of items concerning a filing under 35 U.S.C. 371.
`This is a SECOND or SUBSEQUENT submission of items concerning a filing under 35 U.S.C. 371.
`
`This express request to begin national examination procedures (35 U .S.C. 371(t))) at any time rather than delay examination until
`the expiration of the applicable time limit set in 35 U.S.C. 37l(b) and PCT Articles 22 and 39(1).
`
`A proper Demand for International Preliminary Examination was made by the 19th month from the earliest claimed priority date.
`
`A copy of the International Application as filed (35 U.S.C. 37l(c)(2))
`
`a.
`
`b.
`
`c.
`
`[ ]
`
`[ ]
`[X]
`
`is transmitted herewith (required only if not transmitted by the International Bureau).
`
`has been transmitted by the International Bureau
`
`is not required, as the application was filed in the United States Receiving Office (ROIUS).
`
`A translation of the International Application into English (35 U.S.C. 37l(c)(2)).
`
`Amendments to the claims of the International Application under PCT Article 19 (35 U.S.C. 371(c)(3)).
`
`a.
`
`b.
`
`c.
`
`d.
`
`[ ]
`[X]
`
`[ ]
`
`are transmitted herewith (required only if not transmitted by the International Bureau).
`
`have been transmitted by the International Bureau.
`
`have not been made; however, the time limit for making such amendments has NOT expired.
`
`[ ]
`
`have not been made and will not be made.
`
`A translation of the amendments to the claims under PCT Article 19 (35 U .S.C. 371(c)(3)).
`
`An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)).
`
`A translation of the annexes to the International Preliminary Examination Report under PCT Article 36 (35 U .S .. C. 371(c)(5)).
`
`An assignment document for recording. A separate cover sheet in compliance with 37 CFR 3.23 and 3.31 is induded.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16
`
`Items 11. To 16. below concern documents or information included:
`[ 1
`An Information Disclosure Statement under 37n CFR 1.97 and 1.98.
`[ 1
`[ 1
`[ 1
`[ 1
`[ 1
`[ ]
`
`A FIRST preliminary amendment.
`
`A SECOND or SUBSEQUENT preliminary amendment.
`
`A substitute specification.
`
`A change of power of attorney and/or address letter.
`
`Other items or information:
`
`"EXPRESS MAIL" MAILING LABEL NUMBER: 18914074249
`DATE OF DEPOSIT: November 24, 1998
`
`I HEREBY CERTIFY THAT THIS PAPER OR FEE IS BEING DEPOSITED WITH
`THE UNITED STATES POSTAL SERVICE "EXPRESS MAIL. POST OFFICE TO
`ADDRESSEE" SERVICE UNDER 37 CFR 1.10 ON THE DATE INDICATED ABOVE
`AND IS ADDRESSED TO THE ASSISTANT COIIIMISSIONER FOR PATENTS,
`BOX PCT, WASHINGTON, D.C. 20231 . ; - rb
`
`lYPEDORPR~NN.E~ &mf~ .
`
`SIGNATURE:S\A._-:;ij 2SA 4
`
`Page 1 of2
`
`Apple, Inc. Exhibit 1010 Page 1
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`

`
`U.S. APPUCATION NO. (If known, see 37 CFR 1.5)
`
`17. [X] The following fees are submitted:
`
`BASIC NATIONAL FEE (37 CFR 1.492(a)(l)..(S)):
`
`I INTERNATIONAL APPliCATION NO.
`
`PCI'/US97/1S892
`
`ATI'ORNEY DOCKET NUMBER
`1003-PUS
`PTOUSEONLY
`
`CAl.CUI.AnONS
`
`$930.00
`
`$720.00
`
`$790.00
`
`$1,070.00
`
`Search Report has been prepared by the EPO orJPO . . . . . . . . . . . . • . . . . . . .
`International preliminary examination fee paid to USPTO (37 CPR 1.482)
`.............................................................................
`No international preliminary examination fee paid to USPI'O (37 CPR 1.482)
`but international search fee paid to USPTO (37 CPR 1.445(a)(2)) ............
`Neither international preliminary examination fee (37 CPR 1.482) nor
`international search fee (37 CPR 1.445(a)(2)) paid USPTO ........•..•....
`International preliminary examination fee paid to USPTO (37 CPR 1.482)
`and all claims satisified provisions of PCT Article 33(2)-( 4) ..................
`$98.00
`ENTER APPROPRIATE BASIC FEE AMOUNT = $
`$
`[ ] 30
`Surcharge of $130.00 for furnishing the oath or declaration later than
`[ 120
`months from the earliest claimed priority date (37 CFR 1.492(e)).
`RATE
`CLAIMS
`NUMBER FILED
`-20 =
`x$22.00 $
`Total Claims
`47
`X $82.00 $
`-3 =
`Independent Claims
`12
`+ $270.00
`MULTIPLE DEPENDENT CLAIMS(S) (if applicable)
`$
`:. -~;
`TOTAL OF ABOVE CALCULATIONS = $
`::;::,:·
`.,·:;:
`.....
`~ "'Reduction of 1h for filing by small entity, if applicable. Verified Small Entity Statement must also be
`$
`· :;JPled (Note 37i CFR 1.9, 1.27, 1.28).
`
`NUMBER EXTRA
`27
`9
`
`,:;
`: .;...~
`
`' ...
`' f"hocessing fee of $130.00 for furnishing the English translation later than
`· .Jnonths from the earliest claimed priority date (37 CPR 1.492(t)).
`
`=:...;~
`
`SUBTOTAL:;;;
`
`[ 120 [ ]3o
`
`+
`TOTALNATIONALFEE =
`
`'Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be accompanied by
`jJn appropriate cover sheet (37 CFR 3 .28, 3.31) $40.00 per property
`+
`!?F
`*-;;;
`.~ .
`..,.,.
`:~~
`
`TOTAL FEES ENCWSED :;;;
`
`$
`
`$
`
`$
`
`$
`
`$
`
`720 00
`
`$94
`
`738
`
`00
`00
`
`2,<152
`
`00
`
`1,0126
`
`00
`
`1,026 00
`
`Amount to be:
`refund~::d
`
`$
`
`chargc::d
`
`$
`
`[X] A check in the amount of $1.026.00
`
`to cover the above fees is enclosed.
`
`[ ]
`
`Please charge my Deposit Account No.
`duplicate copy of this sheet is enclosed.
`
`in the amount of$
`
`to cover the above fees. A
`
`[ ] The Commissioner is hereby authorized to charge any additional fees which may be required, or credit any overpayment to
`Deposit Account No. 19-1970. A duplicate copy of this sheet is enclosed.
`
`a.
`
`b.
`
`c.
`
`NOTE' W....an ............ w..&m• under 37dr 1.04 or 1.<195 ~a z. ()7 dr 1.137(o) or (b)).,.,.
`/o-
`
`be flled and granted to restore the application pending status.
`
`SEND ALL CORRESPONDENCE TO:
`
`Dennis J. Dupray
`222 South Marion Parkway
`Denver, Colorado 80209
`United States of America
`Phone: (303) 778-1425
`Facsimile: (303) 863-0223
`}>age2 of2
`
`:b .... ..-~.
`SIGNATUREY
`
`•
`
`.,~J_,/ ~
`
`Dennis J. Dupray
`Applicant and Common Representative
`
`Apple, Inc. Exhibit 1010 Page 2
`
`

`
`VERIFIED STATEMENT (DECLARATION) CLAIMING SMALL ENTITY STATUS
`(37 CFR 1.9(f) and 1.27(c))- SMALL BUSINESS CONCERN
`
`I hereby declare that I am an officer oflntellabs LLC, with a principal business address of222 So.
`Marion Parkway, Denver, Colorado 80209, a small business concern.
`
`I hereby declare that the above-identified small business concern qualifies as a small business
`concern as defined in 13 CFR 121.3-18, and reproduced in 37 CFR 1.9(d), for purposes ofpayilng reduced
`fees under section 41 (a) and (b) of Title 35, United States Code, in that the number of employees of the
`concern, including those of its affiliates, does not exceed 500 persons. For purposes of this statement, (I)
`the number of employees of the business concern is the average over the previous fiscal year of the concern
`ofthe persons employed on a full-time, part-time or temporary basis during each of the pay periods of the
`fiscal year, and (2) concerns are affiliates of each other when either, directly or indirectly, <me concern
`controls or has the power to control the other, or a third party or parties controls or has the powe:r to control
`both.
`
`I hereby declare that rights under contract or law have been conveyed to and remain with the small
`business concern identified above with regard to the invention, entitled "LOCATION OF A MOBILE
`STATION,'' described in the specification referenced herein and further described as Docket No. 1003-PUS.
`
`If the rights held by the above-identified small business concern are not exclusive, each individual,
`concern or organization having rights to the invention is listed below* and no rights to the invention are held
`by any person, other than the inventor, who could not qualify as a small business concern under 37 CFR
`1.9(c) or by any concern which would not qualify as a small business concern under 37 CFR 1.9(d) or a
`nonprofit organization under 37 CFR 1.9(e).
`" *NOTE: Separate verified statements are required from each named person, concern or organization having
`rights to the invention averring to their status as small entities. (37 CFR 1.27)
`
`NAME---------------------------------------------------------------------------------------------------------------------------------
`
`ADDRESS------~~------------------------------------------~--------------------------------------------------------
`[ ] INDIVIDUAL
`[ ] SMALL BUSINESS CONCERN
`[ ] NONPROFIT ORGANIZATION
`
`I acknowledge the duty to file, in this application or patent, notification of any change in status
`resulting in loss of entitlement to small entity status prior to paying, or at the time of paying, the earliest
`of the issue fee or any maintenance fee due after the date on which status as a small entity is no longer
`appropriate. (37 CFR 1.28(b))
`
`I hereby declare that all statements made herein of my own knowledge are true and that all statements
`made on information and belief are believed to be true; and further that these statements were made with
`the knowledge that willful false statements and the like so made are punishable by fine or imprisonment,
`or both, under section 1001 of Title 18 of the United States Code, and that such willful false statements
`may jeopardize the validity of the application, any patent issu· g thereon, or any patent to which this
`verified statement is directed.
`
`Date: /Ja fl. £ ~ / /3'
`
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