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
`'nia 22313-1450
`Alexandria, Vi
`www.uspto.go
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`APPLICATION NO.
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`F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF <MATION NO.
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`11/980,701
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`10/31/2007
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`Timothy R. Pryor
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`135873.136839—001
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`6653
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`06/09/2010
`7590
`24335
`WARNER NORCROSS & JUDD LLP
`900 FIFTH THIRD CENTER
`111 LYON STREET, N.W.
`GRAND RAPIDS, MI 49503-2487
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`EXAMINER
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`ABDULSELAM, ABBAS I
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`ART UNIT
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`2629
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`MAIL DATE
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`06/09/2010
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`Samsung USP 7,973,773
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`Exhibit 1022 Page 1
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`Samsung USP 7,973,773
` Exhibit 1022 Page 1
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`

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`Office Action Summary
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`Application No.
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`App|icant(s)
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`11/980,701
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`PRYOR, TIMOTHY R.
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`Examine,
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`ABBAS I. ABDULSELAM
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`A,, Unit
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`2629 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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 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).
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`Status
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`1)IXI Responsive to communication(s) filed on 08 September 2009.
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`2a)I:I This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IXI C|aim(s) 4-£5 is/are pending in the application.
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`4a) Of the above c|aim(s)
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`is/are withdrawn from consideration.
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`5)I:I C|aim(s) j is/are allowed.
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`
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`6)IXI C|aim(s) 4 5 7-26 28-40 43-49 and 51-55 is/are rejected.
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`7)IXI C|aim(s) 6 27 41-42 and 50 is/are objected to.
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`8)I:I C|aim(s) j are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) IXI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 09/18/09.
`U.S. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper N0(S)/IVI3” Data L
`5) I:I Notice of informal Patent Application
`6) D Other:
`.
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mail Date 20100604
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`Exhibit 1022 Page 2
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` Exhibit 1022 Page 2
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`

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`Application/Control Number: 11/980,701
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`Art Unit: 2629
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`Page 2
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`DETAILED ACTION
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`Double Patenting
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`1.
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`Claims 4-5, 7-9, 10-26, 28-40, 43-49 and 51-55 of this application conflict with claims
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`63-64, 66-68, 71-87, 89-101, 105-111 and 113-117 ofApplication No. 12/500,968. 37
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`CFR 1.78(b) provides that when two or more applications filed by the same applicant contain
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`conflicting claims, elimination of such claims from all but one application may be required in the
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`absence of good and sufficient reason for their retention during pendency in more than one
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`application. Applicant is required to either cancel the conflicting claims from all but one
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`application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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`A rejection based on double patenting of the "same invention" type finds its support in
`2.
`the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and
`useful process may obtain a patent therefor ..." (Emphasis added). Thus, the term "same
`invention," in this context, means an invention drawn to identical subject matter. See Miller v.
`Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957);
`and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
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`A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by
`canceling or amending the conflicting claims so they are no longer coextensive in scope. The
`filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35
`U. S . C. 1 0 1 .
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`3.
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`Claims 4-5, 7-9, 10-26, 28-40, 43-49 and 51-55 are provisionally rejected under 35
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`U.S.C. 101 as claiming the same invention as that of claims 63-64, 66-68, 71-87, 89-101, 105-
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`111 and 113-117 of copending Application No. 12/500,968. This is a provisional double
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`patenting rejection since the conflicting claims have not in fact been patented.
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`Claims 4-5 of the present application are respectively met by claims 63-64 of the
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`copending application.
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`Exhibit 1022 Page 3
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` Exhibit 1022 Page 3
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`

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`Application/Control Number: 11/980,701
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`Art Unit: 2629
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`Page 3
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`Claims 7-9 of the present application are respectively met by claims 66-68 of the
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`copending application.
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`Claims 10-26 of the present application are respectively met by claims 71-87 of the
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`copending application.
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`Claims 28-40 of the present application are respectively met by claims 89-101 of the
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`copending application.
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`Claims 43-49 of the present application are respectively met by claims 105-111 of the
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`copending application.
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`Claims 51-55 of the present application are respectively met by claims 113-117 of the
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`copending application.
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`Allowable Subject Matter
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`4.
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`Claims 6, 27, 41-42 and 50 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the limitations of
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`the base claim and any intervening claims.
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`5.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ABBAS I. ABDULSELAM whose telephone number is
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`(571)272-7685. The examiner can normally be reached on Monday though Friday from
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`9:00A.M. to 5:30 P.M. If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner's supervisor, Amare Mengistu, can be reached on 571-272-7674 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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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`Exhibit 1022 Page 4
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` Exhibit 1022 Page 4
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`

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`Application/Control Number: 11/980,701
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`Art Unit: 2629
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`Page 4
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://porta1.uspto.gov/extemal/portal. Should you have questions on access to the
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`Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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`/Abbas I Abdu1se1am/
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`Primary Examiner, Art Unit 2629
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`May 4, 2010
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`Exhibit 1022 Page 5
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` Exhibit 1022 Page 5