IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Appln. No.:
`Customer No.:
`
`Wesby-Van Swaay
`13/934,763
`02101
`
`Att’y Docket:
`Filing Date:
`Conf. No.:
`
`Examiner:
`Invention:
`
`Art Unit:
`Not yet assigned
`PROGRAMMABLE COMMUNICATOR
`
`3781/1014
`July 3, 2013
`3746
`
`2642
`
`FILED BY USPTO ELECTRONIC FILING SYSTEM
`
`Mail Stop AMENDMENT
`Commissioner for Patents
`
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`PRELIMINARY AMENDMENT
`
`Dear Sir:
`
`Please amend the above identified application as follows:
`
`Listing of the Claims are reflected in the listing of claims which begins on page 2 of this
`
`paper.
`
`Remarks/Arguments begin on page 7 of this paper.
`
`SIERRA WIRELESS 1002/ 051
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`SIERRA WIRELESS 1002 / 051
`
`

`
`Appl. No. l3/934,763
`Preliminary Amendment dated July 12, 2013
`
`LISTING OF THE CLAIMS
`
`1. (Original) A programmable communicator device comprising:
`
`a wireless communications circuit for communicating through an antenna over a
`
`communications network;
`
`a programmable interface for establishing a communication link with at least one
`
`monitored technical device, wherein the programmable interface is programmable by
`
`wireless packet switched data messages; and
`
`a processing module for authenticating one or more wireless transmissions sent
`
`from a programming transmitter and received by the programmable communicator device
`
`by determining if at least one transmission contains a coded number;
`
`wherein the programmable communicator device is configured to use a memory
`
`to store at least one telephone number or IP address included within at least one of the
`
`transmissions as a list of one or more linked numbers to which the programmable
`
`communicator device may send outgoing wireless transmissions if the processing module
`
`authenticates the at least one of the transmissions including the at least one telephone
`
`number or IP address and the coded number by determining that the at least one of the
`
`transmissions includes the coded number;
`
`wherein the programmable communicator device is configured to use an identity
`
`module for storing a unique identifier that is unique to the programmable communicator
`
`device;
`
`and wherein the one or more wireless transmissions fiom the programming
`
`transmitter comprises a General Packet Radio Service (GPRS) or other wireless packet
`
`switched data message;
`
`and wherein the programmable communicator device is configured to process
`
`data received through the programmable interface fiom the at least one monitored
`
`technical device in response to programming instructions received in an incoming
`
`wireless packet switched data message.
`
`2. (Original) A programmable communicator device according to claim 1, wherein the
`
`processing module is configured to process data received through the programmable
`
`SIERRA WIRELESS 1002/ 052
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`SIERRA WIRELESS 1002 / 052
`
`

`
`Appl. No. l3/934,763
`Preliminary Amendment dated July 12, 2013
`
`interface fiom the at least one monitored technical device in response to programming
`
`instructions received in an incoming wireless packet switched data message.
`
`3. (Original) A programmable communicator device according to claim 1, wherein the
`
`programmable communicator device comprises the identity module.
`
`4. (Original) A programmable communicator device according to claim 1 wherein the
`
`wireless communications circuit is configured to receive wireless transmissions
`
`compliant with Bluetooth wireless air interface standards.
`
`5. (Original) A programmable communicator device according to claim 1 wherein each
`
`linked number comprises a corresponding stored telephone number or IP address stored
`
`into a permitted callers list to which the wireless communications circuit is restricted to
`
`send outgoing wireless transmissions in response to programming instructions received in
`
`an incoming wireless packet switched data message.
`
`6. (Original) A programmable communicator device according to claim 1 further
`
`configured to request that an at least one monitored technical device send data through
`
`the programmable interface for processing by the programmable communicator device in
`
`response to programming instructions received in an incoming wireless packet switched
`
`data message.
`
`7. (Original) A programmable communicator device according to claim 1 further
`
`configured to transmit the processed data to an at least one monitoring device in response
`
`to programming instructions received in an incoming wireless packet switched data
`
`message.
`
`8. (Original) A programmable communicator device according to claim 7, wherein the
`
`processing module is configured to cause the processed data to be transmitted to the at
`
`least one monitoring device in response to programming instructions received in an
`
`SIERRA WIRELESS 1002/ 053
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`SIERRA WIRELESS 1002 / 053
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`

`
`Appl. No. 13/934,763
`Preliminary Amendment dated July 12, 2013
`
`incoming wireless packet switched data message.
`
`9. (Original) A programmable communicator device according to claim 7 further
`
`configured to determine whether the data request initiated by the monitoring device
`
`includes a required access code in response to programming instructions received in an
`
`incoming wireless packet switched data message.
`
`10. (Original) A programmable communicator device according to claim 9, wherein the
`
`processing module is configured to determine whether the data request includes the
`
`required access code in response to programming instructions received in an incoming
`
`wireless packet switched data message.
`
`ll. (Original) A programmable communicator device according to claim 1 further
`
`configured to determine whether the processed received data indicates a change in status
`
`of the at least one monitored technical device that crosses a threshold parameter, or that
`
`otherwise indicates an alarm condition in response to programming instructions received
`
`in an incoming wireless packet switched data message.
`
`12. (Original) A programmable communicator device according to claim ll further
`
`configured to send an at least one transmission for alerting an at least one monitoring
`
`device of said change in status or other alarm condition in response to programming
`
`instructions received in an incoming wireless packet switched data message.
`
`13. (Original) A programmable communicator device according to claim 1 further
`
`configured to request that an at least one monitored technical device send data through
`
`the programmable interface for receipt by the programmable communicator device in
`
`response to programming instructions received in an incoming wireless packet switched
`
`data message.
`
`14. (Original) A programmable communicator device according to claim 1 further
`
`SIERRA WIRELESS 1002/ 054
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`SIERRA WIRELESS 1002 / 054
`
`

`
`Appl. No. l3/934,763
`Preliminary Amendment dated July 12, 2013
`
`configured to transmit the received data to an at least one monitoring device either
`
`periodically or in response to a data request initiated by the monitoring device in response
`
`to programming instructions received in an incoming wireless packet switched data
`
`message.
`
`15. (Original) A programmable communicator device according to claim 14, wherein the
`
`processing module is configured to cause the received data to be transmitted to the at
`
`least one monitoring device in response to programming instructions received in an
`
`incoming wireless packet switched data message.
`
`16. (Cancelled)
`
`17. (Original) A programmable communicator device according to claim 1 configured to
`
`process an at least one data monitoring or data collection request contained in an at least
`
`one transmission received from an at least one monitoring device in response to
`
`programming instructions received in an incoming wireless packet switched data
`
`message.
`
`18. (Cancelled)
`
`19. (Original) A programmable communicator device according to claim 1 further
`
`comprising a location processing module configured to determine an at least one location
`
`of the programmable communicator device, and wherein the programmable
`
`communicator device is configured to respond to an at least one transmission initiated by
`
`an at least one monitoring device requesting that said location data be sent to the
`
`monitoring device in response to programming instructions received in an incoming
`
`wireless packet switched data message.
`
`20. (Original) A programmable communicator device according to claim 19 wherein the
`
`location processing module comprises a Global Positioning System (GPS) module.
`
`SIERRA WIRELESS 1002/ 055
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`SIERRA WIRELESS 1002 / 055
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`

`
`Appl. No. 13/934,763
`Preliminary Amendment dated July 12, 2013
`
`21. (Original) A programmable communicator device according to claim 1 wherein the
`
`monitored technical device is a sensor device.
`
`22. (Original) A programmable communicator device according to claim 1 wherein the
`
`monitored technical device is a health monitoring system.
`
`23. (Original) A programmable communicator device according to claim 22 wherein the
`
`programmable communicator device is configured to receive data from the health
`
`monitoring system through the programmable interface representing at least one of body
`
`temperature, blood pressure, periodic or continuous electrocardiogram heart rhythm,
`
`blood glucose concentration, blood electrolyte concentration, kidney function, liver
`
`function, and labor contractions in response to programming instructions received in an
`
`incoming wireless packet switched data message.
`
`24. (Original) A programmable communicator device according to claim 1 wherein the
`
`monitored technical device is a vending machine.
`
`25. (Original) A programmable communicator device according to claim 1 wherein the
`
`monitored technical device is a home or domestic appliance.
`
`26. (Original) A programmable communicator device according to claim 1 wherein the
`
`monitored technical device is at least one of a door status monitoring device, a window
`
`status monitoring device, a proximity detector device, and a fire alarm device.
`
`SIERRA WIRELESS 1002/ 056
`
`SIERRA WIRELESS 1002 / 056
`
`

`
`Appl. No. 13/934,763
`Preliminary Amendment dated July 12, 2013
`
`REMARKS
`
`Applicants have cancelled claims 16 and 18, which were duplicates of claims 15
`
`and 19. Accordingly, claims 1-15, 17, and 19-26 are currently under consideration in this
`
`application. No new matter has been added. Please consider the patentability of the
`
`claims in this amendment in accordance with the requested prioritized handing.
`
`Terminal Disclaimers
`
`To expedite the prosecution of this application, Applicants concurrently submit
`
`terminal disclaimers with respect to several related applications and issued patents. In
`
`particular, Applicants submit terminal disclaimers with respect to U.S. Patent No.
`
`7,583,197, U.S. Patent No. 8,094,010, co-pending U.S. Application no. 13/328,095, and
`
`co-pending U.S. Application No. 13/801,773.
`
`It is believed that the application is in condition for allowance and Applicant
`
`respectfully requests that a notice of allowance be issued. Applicant does not believe any
`
`extension of time is required. However, if an extension of time is required, please charge
`
`the associated fee and any additional fees required by this paper or credit any
`
`overpayment to deposit account number 19-4972. Applicant also requests that the
`
`examiner contact applicant’s attorney, Jonathan Lovely, if it will assist in processing this
`
`application through issuance.
`
`DATE: July 12, 2013
`
`Respectfully submitted,
`
`/Jonathan C. Lovely, #60,821/
`
`Jonathan C. Lovely
`Registration No. 60,821
`Attorney for Applicant
`Sunstein Kann Murphy & Timbers LLP
`125 Summer Street
`
`Boston, MA 02110-1618
`(617) 443-9292
`03781/01014 1919808.1
`
`SIERRA WIRELESS 1002/ 057
`
`SIERRA WIRELESS 1002 / 057
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`Programmable Communicator
`
`First Named Inventor/Applicant Name:
`
`Eveline Wesby-van Swaay
`
`Utility under 35 USC111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD($)
`
`
`
`SIERRA WIRELESS 1002/ 058
`
`SIERRA WIRELESS 1002 / 058
`
`

`
`Miscellaneous:
`
` S“:-S1-;(t$a)| in
`
`640
`
`640
`
`Total in USD ($)
`
`SIERRA WIRELESS 1002/ 059
`
`SIERRA WIRELESS 1002 / 059
`
`

`
`Electronic Acknowledgement Receipt
`
`m—
`
`Title of Invention:
`
`Programmable Communicator
`
`I—
`
`—
`
`Payment information:
`
`yes—
`Submitted with Payment
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application ang;[ERRgnirvVi«RE1rgs§iI1g)f;2s/) 050
`
`—Auth°“zedUser
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`SIERRA WIRELESS 1002 / 060
`
`

`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`Information:
`
`Information:
`
`Information:
`
`Information:
`
`Information:
`
`Information:
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
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`Pages
`
`Statutory disclaimers per MPEP 1490.
`
`Statutory disclaimers per MPEP1490.
`
`465129
`
`e279078f108cb7351eb8bb023bd154c4ed3
`6794a
`
`464813
`
`2175febb9eec95276a117a41d7e868ea4a2
`09e1a
`
`Statutory disclaimers per MPEP1490.
`
`d2399865cc822832daf5ed207938cd7b82c
`a2262
`
`Statutory disclaimers per MPEP1490.
`
`d4f5f4e58aad6fe77d255146b6ed9f4c66f4 =
`ea1
`
`Other Reference-Patent/App/Search
`documents
`
`584757
`
`Ref—HN'pclf
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`25c6c89cda7f7b087ca7b2fb0c96f50aacb0
`9b78
`
`_
`_
`|nformatIon_DIsc|osure_State
`ment.pdf
`
`266710
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`cfd334ce267719ec4f0092a4cae2a27e1475
`6d19
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`Multipart Description/PDF files in .zip description
`
`Transmittal Letter
`
`Information Disclosure Statement (IDS) Form (SB08)
`
`SIERRA WIRELESS 1002/ 061
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`SIERRA WIRELESS 1002 / 061
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`

`
`Preliminary Amendment
`
`k|w3781_1014_Pre|imAmdt.pd‘
`
`166940
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`740de3dl2d05b927alf36602a91277236e -
`1733:
`
`Information:
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`SIERRA WIRELESS 1002/ 062
`
`SIERRA WIRELESS 1002 / 062
`
`

`
`PTO/SB/26 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paenivork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla
`a valid OMB control number.
`
`REJECTION OVER A “PRIOR” PATENT
`
`3781/1014
`
`in re Application Ofi Eveline Wesby—van Swaay
`
`Application No.: 13/934,763
`
`Filed: July 3, 2013
`
`F0" Programmable Communicator
`
`percent interest in the instant application hereby disclaims,
`100
`, of
`MZM Solutions LLC
`The owner*,
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term prior patent No.
`2 583 | 9 2
`as the term of said prior patent is defined in 35 U.S.C. 154
`and 173, and as the term of said prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period that it and the prior patent are commonly owned. This
`agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term ofany patent granted on the instant application that
`would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of the prior patent, “as the term of said prior
`patent is presently shortened by any terminal disclaimer,” in the event that said prior patent later:
`expires for failure to pay a maintenance fee;
`is held unenforceable;
`is found invalid by a court of competentjurisdiction;
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`has all claims canceled by a reexamination certificate;
`is reissued; or
`is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
`
`Check either box 1 or 2 below, if appropriate.
`
`1. El For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization.
`
`I hereby declare that all statements ma de herein of my own knowledge are true and that all statements made on in formation and
`belief are belie ved to be true; a nd further that th ese statements were made with the knowledge that willful false statements and the like so
`made are punis hable by fine or imprisonment, or both, under Se ction 1001 of Title 18 of the United States Code and that such
`willful false
`statements may jeopardize the validity of the application or any patent issued thereon.
`
`2.
`
`The undersigned is an attorney or agent of record. Reg. No.
`
`60,821
`
`/Jonathan C. Lovely: #60,82l/
`
`Signature
`
`July 12, 2013
`Date
`
`Jonathan C. Lovely
`Typed or printed name
`
`1617} 443-9292
`Telephone Number
`
`Terminal disclaimer fee under 37 CFR 1.20(d) included.
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`*Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
`Form PTOISB/96 may be used for making this certification. See MPEP § 324.
`
`This collection of information is required by 37 CFR 1.321. The information is required 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 1.11 and 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount oftime you require to complete th is form and/or suggestions for reducing this bu rden, should be sent to the Chief Information Officer, U.S. Patent
`and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`SIERRA WIRELESS 1002/ 063
`
`SIERRA WIRELESS 1002 / 063
`
`

`
`PTO/SB/26 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paenivork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla
`a valid OMB control number.
`
`REJECTION OVER A “PRIOR” PATENT
`
`3781/1014
`
`in re Application Ofi Eveline Wesby—van Swaay
`
`Application No.: 13/934,763
`
`Filed: July 3, 2013
`
`F0" Programmable Communicator
`
`percent interest in the instant application hereby disclaims,
`100
`, of
`MZM Solutions LLC
`The owner*,
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term prior patent No.
`8 1194 1) | 1)
`as the term of said prior patent is defined in 35 U.S.C. 154
`and 173, and as the term of said prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period that it and the prior patent are commonly owned. This
`agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term ofany patent granted on the instant application that
`would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of the prior patent, “as the term of said prior
`patent is presently shortened by any terminal disclaimer,” in the event that said prior patent later:
`expires for failure to pay a maintenance fee;
`is held unenforceable;
`is found invalid by a court of competentjurisdiction;
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`has all claims canceled by a reexamination certificate;
`is reissued; or
`is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
`
`Check either box 1 or 2 below, if appropriate.
`
`1. El For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization.
`
`I hereby declare that all statements ma de herein of my own knowledge are true and that all statements made on in formation and
`belief are belie ved to be true; a nd further that th ese statements were made with the knowledge that willful false statements and the like so
`made are punis hable by fine or imprisonment, or both, under Se ction 1001 of Title 18 of the United States Code and that such
`willful false
`statements may jeopardize the validity of the application or any patent issued thereon.
`
`2.
`
`The undersigned is an attorney or agent of record. Reg. No.
`
`60,821
`
`/Jonathan C. Lovely: #60,82l/
`
`Signature
`
`July 12, 2013
`Date
`
`Jonathan C. Lovely
`Typed or printed name
`
`1617} 443-9292
`Telephone Number
`
`Terminal disclaimer fee under 37 CFR 1.20(d) included.
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`*Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
`Form PTOISB/96 may be used for making this certification. See MPEP § 324.
`
`This collection of information is required by 37 CFR 1.321. The information is required 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 1.11 and 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount oftime you require to complete th is form and/or suggestions for reducing this bu rden, should be sent to the Chief Information Officer, U.S. Patent
`and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`SIERRA WIRELESS 1002/ 064
`
`SIERRA WIRELESS 1002 / 064
`
`

`
`PTO/SB/25 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa en/vork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING
`D00ke1NUmber(0I01i0na|)
`REJECTION OVER A PENDING “REFERENCE” APPLICATION
`3781/1014
`
`in re Application of: Eveline Wesby-van Swaay
`
`Application No.: 13/934,763
`
`Filedi July 3, 2013
`
`For: Programmable Communicator
`
`percent interest in the instant application hereby disclaims,
`100
`, of
`MZM Solutlons LLC
`The owner*,
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term of any patent granted on pending reference Application Number
`l3/328,095
`, filed
`on
`12/16/11
`, as such term is defined in 35 U.S.C. 154 and 173, and as the term of any patent granted on said reference
`application may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference application. The owner
`hereby agrees that any patent so granted on the instant application shall be enforceable only for and during such period that it and any patent
`granted on the reference application are commonly owned. This agreement runs with any patent granted on the instant application and is
`binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of any patent granted on the instant application that would
`extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any patent granted on said reference
`application, “as the term of any patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the
`grant of any patent on the pending reference application,” in the event that: any such patent: granted on the pending reference application:
`expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of competentjurisdiction, is statutorily disclaimed
`in whole or terminally disclaimed under 37 CFR 1.321, has all claims canceled by a reexamination certificate, is reissued, or is in any manner
`terminated prior to the expiration of its full statutory term as shortened by any terminal disclaimer filed prior to its grant.
`
`Check either box 1 or 2 below, if appropriate.
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`1. I:I For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization.
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`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
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`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 mayjeopardize the validity of the application or any patent issued thereon.
`
`2.
`
`The undersigned is an attorney or agent of record. Reg. No.
`
`609821
`
`/Jonathan C. Lovely, #60,82l/
`Signature
`
`July 12, 2013
`Date
`
`Jonathan C. Lovely
`Typed or printed name
`
`(617) 443-9292
`Telephone Number
`
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`SIERRA WIRELESS 1002/ 065
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`
`PTO/SB/25 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa en/vork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING
`D00ke1NUmber(0I01i0na|)
`REJECTION OVER A PENDING “REFERENCE” APPLICATION
`3781/1014
`
`in re Application of: Eveline Wesby-van Swaay
`
`Application No.: 13/934,763
`
`Filedi July 3, 2013
`
`For: Programmable Communicator
`
`percent interest in the instant application hereby disclaims,
`100
`, of
`MZM Solutlons LLC
`The owner*,
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term of any patent granted on pending reference Application Number
`13/801,773
`, filed
`on
`03/13/13
`, as such term is defined in 35 U.S.C. 154 and 173, and as the term of any patent granted on said reference
`application may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference application. The owner
`hereby agrees that any patent so granted on the instant application shall be enforceable only for and during such period that it and any patent
`granted on the reference application are commonly owned. This agreement runs with any patent granted on the instant application and is
`binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of any patent granted on the instant application that would
`extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any patent granted on said reference
`application, “as the term of any patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the
`grant of any patent on the pending reference application,” in the event that: any such patent: granted on the pending reference application:
`expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of competentjurisdiction, is statutorily disclaimed
`in whole or terminally disclaimed under 37 CFR 1.321, has all claims canceled by a reexamination certificate, is reissued, or is in any manner
`terminated prior to the expiration of its full statutory term as shortened by any terminal disclaimer filed prior to its grant.
`
`Check either box 1 or 2 below, if appropriate.
`
`1. I:I For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization.
`
`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 mayjeopardize the validity of the application or any patent issued thereon.
`
`2.
`
`The undersigned is an attorney or agent of record. Reg. No.
`
`609821
`
`/Jonathan C. Lovely, #60,82l/
`Signature
`
`July 12, 2013
`Date
`
`Jonathan C. Lovely