`attached.
`
`VIII. PAYMENT OF FEES (check only one box)
`A. DA check in the amount of $180.00 is enclosed for the above identified fee.
`B. D Please charge Deposit Account No. 162201 in the amount of $180.00 for
`the above-indicated fee. A duplicate copy of this paper is attached.
`
`The above references are being cited only in the interest of candor and without
`any admission that they constitute statutory prior art, contain matter which anticipates
`the invention, or which would render the same obvious, either singly or in combination,
`to a person of ordinary skill in the art. Furthermore, this Information Disclosure
`Statement shall not be construed as a representation that a search has been made.
`
`If it is determined that this IDS has been filed under the wrong rule, the PTO is
`requested to consider this IDS under the proper rule (with a petition if necessary) and
`charge the appropriate fee to Deposit Account No. 162201 .
`
`Please charge any additional fees or credit any overpayment pursuant to 37
`C.F.R. § 1.16 or§ 1.17 to Deposit Account No. 162201.
`
`Dated: March 17. 2010
`
`Respectfully submitted,
`
`By: /David L. Howard/
`David L. Howard, Reg . No. 41 ,502
`Customer No.: 01688
`Polster Lieder Woodruff & Lucchesi LC.
`12412 Powerscourt Drive, Suite 200
`St. Louis, MO 63131-3615
`Tel. No.: (314) 238-2460
`Fax No.: (314) 238-2401
`
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`ENIT 9835Cl
`
`DECLARATION AND POWER OF ATTORNEY
`FOR PATENT APPLICATION
`
`I hereby declare that:
`
`Each inventor's residence, mailing address, and citizenship are as stated below next to
`their name.
`
`I believe the inventors named below to be the original and first inventors of the subject
`matter that is claimed and for which a patent is sought on the invention entitled MESSAGE
`BROADCASTING CONTROL SYSTEM AND METHOD, the specification of which is
`attached hereto.
`
`I hereby state that I have reviewed and understand the contents of the above-identified
`specification, including the claims, as amended by any amendment specifically referred to above.
`
`I acknowledge the duty to disclose information which is material to patentability as
`defined in 37 CFR 1.56, including for continuation-in-part applications, material information
`which became available between the filing date of the prior application and the national or PCT
`international filing date of the continuation-in-part application.
`
`[8] If checked, the undersigned hereby grants the USPTO authority to provide the
`European Patent Office (EPO), the Japan Patent Office (JPO), and any other intellectual property
`offices in which a foreign application claiming priority to the above-identified application is filed
`access to the above-identified patent application. See 3 7 CFR 1.14( c) and (h). This box should
`not be checked if the applicant does not wish the EPO, JPO, or other intellectual property office
`in which a foreign application claiming priority to the above-identified application is filed to
`have access to the application.
`
`In accordance with 37 CFR l. l 4(h)(3), access will be provided to a copy of the
`application-as-filed with respect to: 1) the above-identified application, 2) any foreign application
`to which the above-identified application claims priority under 35 USC l 19(a)-(d) if a copy of
`the foreign application that satisfies the certified copy requirement of 37 CFR 1.55 has been filed
`in the above-identified U.S. application, and 3) any U.S. application from which benefit is sought
`in the above-identified application.
`
`In accordance with 37 CFR l.14(c), access may be provided to information concerning
`the date of filing the Authorization to Permit Access to Application by Participating Offices.
`
`I hereby claim the benefit under Title 35, United States Code, §119(e) of any United
`States Provisional Application(s) listed below:
`
`60/739,8 19
`Application Number
`
`60/544 739
`
`November 23, 2005
`Filing Date
`
`February 13, 2004
`
`Page 1 of2
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`
`
`Application Number
`
`Filing Date
`
`EN!T 9835Cl
`
`J hereby claim the henefit under Title 35, United States Code, § 120 of any United States
`application(s) listed below:
`
`1Jf602,46J
`(Application No.)
`
`11 /057,704
`(Application No.)
`
`Novcmbcr20,2006
`(Filing Date)
`
`_pe=n=d~in_g...__~~~~~~~~~
`{Status - patented, pending. abandoned)
`
`fcbruary 14, 2005
`(Filing Date)
`
`nending
`(Status - patented, pending, abandoned)
`
`I hereby appoint the registered littorneys associated with Customer Number 001688
`to prosecute this application and to transact all business in the Patent and Trademark Office
`connected therewith.
`
`Address all correspondence to Customer Number 00 l 688.
`Direct all telephone calls lo Dttvid I,, J toward at Telephone No. (314) 238-2460.
`
`I hereby declare that all statements made herein of my own knowledge are true and that
`all statements made on infonnation and belief arc 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 tine or lmpl'isonment, or both, under 18 U.S.C. 100 I and that such willful false
`statements may jeopardi7.e the validity of the application or any patent issued thereon.
`
`Full name of First Inventor:
`Inventor's Signature:
`Residence:
`Citizenship:
`Post Office Address:
`
`Douglas Weiser
`
`Date:
`5009 Galleon Ct., Port Richey, FL 34652
`United States of America
`5009 Galleon Ct., Purl Richey, FL 34652
`
`Full name of Second Inventor: Mark Andrew Wood
`lnventor's Signature:
`Residence:
`Citi7.enship:
`Post Office Address:
`
`Date: - -- - -- - -
`3 Lion Lane, Haslemcrc, Surrey England GU 17 tJF
`Great Britain
`3 Lion Lane, llaslemere, Surrey England GU 17 l JF'
`
`Full name of Third Inventor:
`lnventor1s Signature:
`Residence:
`
`Cililenship:
`Post Oftlce Address:
`
`K~~t<>n ~~ _ Date:. \ _'L 1. 3.J.?-o \ 0
`
`Stl)Oegate, Glasllwch J ,ane, Newport. Gwdnl P20 3PR, United
`Kingdom
`Great Britain
`Stonegate, Glasllwch Lane, Newport, Gwent NP20 3PR, United
`Kingdom
`
`Page 2 of2
`
`: 3 91:Jd
`
`8 6 8 188 0 1:61:0
`
`s 1H3Wd o13n3 0 n r
`
`01 : 81 S0 - 901:J-t> <:
`
`128/249
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`ENIT 9835CI
`
`ABSTRACT
`
`A system and method of broadcast messaging for providing a broadcast message to a
`
`broadcast target area including a broadcast admission control module receiving the broadcast
`
`message record having a broadcast message, a defined broadcast target area, and a broadcast
`
`message originator identifier. The broadcast admission control module validating the
`
`broadcast message record as a function one or more of the broadcast message originator
`
`identifier, the broadcast target area, and a broadcast message transmission network parameter
`
`associated with a broadcast transmission network adapted for broadcasting the message to at
`
`least a portion of the broadcast target area. The broadcast admission control module
`
`generating a validated broadcast message record as a function of the validating. The system
`
`also includes a broadcast message distributor module receiving the validated broadcast
`
`message record and transmitting the broadcast message and the broadcast target area, or a
`
`part thereof, to an output interface distributing the broadcast message to at least a portion of
`
`the broadcast target area.
`
`68
`
`129/249
`
`DOJ EX. 1007
`
`
`
`Date:
`
`03/17/10
`
`PTO/SB/06 (12-04)
`Approved for use through 7/31/2006. OMB 0051-0032
`
`U.S . Patent and Trademarl< Office; U.S . DEPARTMENT OF COMMERCE
`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.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Substitule for Form PT0-875
`
`12/7.261098
`
`APPLICATION AS FILED- PART I
`(Column 1)
`
`(Column 2)
`
`SMALL ENTITY
`
`OR
`
`FOR
`
`BASIC FEE
`(37 CFR 1.16(a). (b). or (c))
`SEARCH FEE
`(37 CFR 1. 16(lc), (i), or (m))
`EXAMINATION FEE
`(37 CFR 1.16(0), (p), or(q))
`TOTAL CLAIMS
`(37 CFR 1.16(i))
`INDEPENDENT CLAIMS
`(37 CFR 1.16(h))
`
`APPLICATION SIZE
`FEE
`(37 CFR 1.16(s))
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`RATE($)
`
`N/A
`
`NIA
`
`NIA
`
`N/A
`
`NIA
`
`NIA
`
`30
`
`10
`
`minus 20 =
`3
`minus 3 =
`If the specification and drawings exceed 100
`sheets of paper, the application size fee due Is
`$250 (S 125 for small entity) for each additional
`50 sheets or fraction thereof. See
`35 U.S.C. 41(a)(1)(G) and 37 CFR
`
`N/A
`
`NIA
`
`NIA
`
`X$26=
`
`X$110=
`
`FEE!$)
`82
`
`270
`
`110
`
`260
`
`OTHER THAN
`SMALL ENTITY
`
`RATE($)
`
`FEE($)
`
`NIA
`
`NIA
`
`NIA
`
`OR
`
`X$52
`
`X$220=
`
`MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1. 16(j))
`
`• If the difference in column 1 is less than zero, enter "O" in column 2.
`
`NIA
`
`TOTAL
`
`722
`
`N/A
`
`TOTAL
`
`APPLICATION AS AMENDED- PART II
`
`(Column 3)
`
`OR
`
`OTHER THAN
`SMALL ENTITY
`
`(Column 1)
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`PRESENT
`EXTRA
`
`<
`Minus ..
`I-
`z w
`.
`:E
`Independent .
`c
`Minus ·-
`z
`w
`(37 CFR 1.16(h))
`:E
`< Application Size Fee (37 CFR 1.16(s))
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16fj))
`
`Total
`(37 CFR 1 .16(i))
`
`=
`
`=
`
`ADDI-
`TIONAL
`FEE($)
`
`ADDI-
`TIONAL
`FEE(S)
`
`SMALL ENTITY
`
`RATE($)
`
`x
`x
`
`=
`=
`
`NIA
`
`TOTAL
`0AOO'T FEE
`
`RATE($)
`
`x
`x
`
`=
`=
`
`NIA
`
`TOTAL
`AOD'T FEE
`
`ADDI-
`TIONAL
`FEE($)
`
`ADDI-
`TIONAL
`FEE($)
`
`RATE($)
`
`x
`x
`
`=
`=
`
`NIA
`
`OR
`
`OR
`
`OR
`
`TOTAL
`OR ADD'T FEE
`
`OR
`
`OR
`
`OR
`
`OR
`
`RATE($)
`
`x
`x
`
`=
`=
`
`NIA
`
`TOTAL
`OR AOD'T FEE
`
`(Column 1)
`
`(Column 2)
`
`(Column 3)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`PRESENT
`EXTRA
`
`m
`I-
`z w
`Minus ..
`.
`Total
`:E
`.
`Minus ...
`(37 CFR 1.16(1))
`0
`z
`Independent
`w
`(37 CFR 1.16(h))
`:E
`< Application Size Fee (37 CFR 1. 16(s))
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16fj))
`
`=
`
`=
`
`• If the entry in column 1 is less than the entry in column 2, write ·o· in column 3.
`
`.. If the 'Highest Number Previously Paid For° IN THIS SPACE is less than 20, enter ·20· .
`... If the 0 Highest Number Previously Paid For° IN THIS SPACE is less than 3, enter ·3· .
`
`The ' Highest Number Previously Paid For". (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information is required by 37 CFR 1.16. The infonnation 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 1.14. This collection is estimated to take 12 minutes to complete.
`including gathering, preparing, and submitting the completed application fonn to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount of lime 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 Trademar1< 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, A lexandria, VA 22313-1450.
`
`ff you need assistance in completing the form, ca/11-800-PTCl-9199 end select option 2.
`
`130/249
`
`DOJ EX. 1007
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`
`
`PTO/SB/06 (07-06)
`Approved for use through 1/31/2007. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`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.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Application or Docket Number
`Filing Date
`12/726,098
`03/ 17/2010
`S ubstitute for Form PT0-875
`
`0 To be Mailed
`
`APPLICATION AS FILED - PART I
`(Column 1)
`
`(Column 2)
`
`FOR
`D BASICFEE
`(37 CFR 1.16(a). (bl. or(c))
`D SEARCH FEE
`(37 CFR 1.16(k). (i}, or (m))
`D EXAMINATION FEE
`137CFR 1.16Col. lol. or tn\\
`TOTAL CLAIMS
`(37 CFR 1.16(i)l
`INDEPENDENT CLAIMS
`(37 CFR 1.16Chll
`
`0 APPLICA TION SIZE FEE
`(37 CFR 1.16(s))
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`N/A
`
`NIA
`
`NIA
`
`NIA
`
`N/A
`
`NIA
`
`30 minus20= .
`3 minus3= .
`
`If the specification and drawings exceed 100
`sheets of paper. the application size fee d ue
`is $250 ($125 for small entity) for each
`additional 50 sheets or fraction thereof. See
`35 U.S.C. 41 (a)(1 )(G) and 37 C F R 1.16(s).
`
`D MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.160))
`
`SMALL ENTITY 1:8:1
`RATE($)
`FEE($)
`
`OTHER THAN
`
`OR
`
`SMALL E NTITY
`
`RATE($)
`
`FEE($)
`
`N/A
`
`NIA
`
`NIA
`
`=
`x s
`x s =
`
`NIA
`
`NIA
`
`NIA
`
`OR XS =
`XS =
`
`• If the difference in column 1 is less than zero. enter "O'' in column 2.
`
`TOTAL
`
`TOTAL
`
`APPLICATION AS AMENDED - PART II
`
`(Column 1)
`
`(Column 2)
`
`(Column 3)
`
`SMALL E NT IT Y
`
`OR
`
`SMALL ENT ITY
`
`OTHER THAN
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`..
`...
`
`Minus
`
`Minus
`
`PRESENT
`EXTRA
`
`=
`
`=
`
`I-
`z
`.
`w
`~
`.
`0
`z
`w
`~ D Application Size Fee (37 CFR 1.16(s))
`<(
`D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`Total (37 CFR
`1. 1611\)
`Independent
`137 CFR 1.16/hll
`
`(Column 1)
`
`(Column 2)
`
`(Column 3)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`..
`...
`
`Minus
`
`Minus
`
`PRESENT
`EXTRA
`
`=
`
`=
`
`.
`I-
`z
`Total (37 CFR
`w
`.
`1.161i\\
`~ Independent
`0
`137 CFR 1.161hll
`z 0 Application Size Fee (37CFR 1.16(s))
`w
`~ D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`<(
`
`• If the entry in column 1 is less than the entry in column 2, write "O" in column 3.
`•• If the *Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
`
`... If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter *3".
`The "Highest Number Previously Paid For'' (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information 1s required by 37 CFR 1.16. The information 1s required to obtain or retain a benefit by the public which 1s to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S .C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering,
`preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you
`require to comp lete 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, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Pa ten ts, P .O . B ox 1450, Ale xandria, VA 22313-1450.
`If you need assistance in completing the fom1, call 1-800-PT0-9199 and select option 2.
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`x s =
`=
`x $
`
`OR
`
`OR
`
`x s =
`=
`x $
`
`TOTAL
`ADD'L
`FEE
`
`OR
`
`OR
`
`TOTAL
`ADD'L
`FEE
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`x s =
`x s =
`
`OR XS =
`OR XS =
`
`OR
`
`TOTAL
`TOTAL
`ADD'L
`ADD'L
`FEE
`FEE
`Legal Instrument Examiner:
`/PEGGY YARBOROUGH/
`
`OR
`
`131/249
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`DOJ EX. 1007
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`
`PTO/SBI08a (01-10)
`Doc code: IDS
`Approved for use through 07131/2012. OMB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`U.S. Patent and Trademark Office; U S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`12726098
`
`Filing Date
`2010-03-17
`First Named Inventor I Weiser, et al.
`Art Unit
`
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`
`I
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`ENIT 9835C1
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`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
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`Application Number
`
`12726098
`
`2010-03-17
`Filing Date
`First Named Inventor I Weiser, et al.
`Art Unit
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`ENIT 9835C1
`
`1
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`TeliaSonera, "Mobile Broadcast/Multicast Service (MBMS)", Medialab, August 2004, available at: http://www.
`media lab .son era. fi
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`2
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`Text message warns of 'killer flu' hot spots, April 20, 2003, may be seen at www.ceasa.us/news.htm
`
`~
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`3
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`4
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`The Cellular-Emergency Alert Services Association Policy Statement, August 5, 2002, may be seen at www.ceasa.us/
`news.htm
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`~
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`The Wall Street Journal Online, Local Governments Look at Cellphone-based Alerts, Carl Bialik, June 12, 2003, may
`be seen at www.ceasa.us/news/htm
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`5
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`Chinese Search Report, date of receipt November 9, 2009
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`1 See Kind Codes of USPTO Patent Documents at www.USPTO.GOV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WIPO
`Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document.
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`Application Number:
`
`7234215
`
`12726098
`
`International Application Number:
`
`Confirmation Number:
`
`1553
`
`Title of Invention:
`
`MESSAGE BROADCASTING CONTROL SYSTEM AND METHOD
`
`First Named Inventor/Applicant Name:
`
`Douglas Weiser
`
`Customer Number:
`
`01688
`
`Filer:
`
`David L. Howard
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`ENIT9835Cl
`
`Receipt Date:
`
`18-MAR-2010
`
`Filing Date:
`
`Time Stamp:
`
`14:47:52
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`J no
`
`File Listing:
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`Document
`Number
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`Document Description
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`File Name
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`File Size(Bytes)/
`Message Digest
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`Pages
`Multi
`Part /.zip (if appl.)
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`1
`
`Transmittal Letter
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`ENIT _9835Cl _ 1 st_supplement
`al_IDS_transmittal.pdf
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`207625
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`d87b56<84-0bed1a8c$1S0049•a4a97it.ar
`b9efb
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`no
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`6
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`Warnings:
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`Information:
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`134/249
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`DOJ EX. 1007
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`2
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`Information Disclosure Statement (IDS)
`Filed (SB/ 08)
`
`ENIT_9835Cl_IDS_first_suppl_
`FORM_ 1449.pdf
`
`612090
`
`no
`
`4
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`6cflb356b3Sd38<30a<e04u0CJ~c6b8<
`48la
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`Warnings:
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`Information:
`
`A U.S. Patent Number Citation or a U.S. Publication Number Citation is required in the Information Disclosure Statement {IDS) form for
`autoloading of data into USPTO systems. You may remove the form to add the required data in order to correct the Informational Message if
`you are citing U.S. References. If you chose not to include U.S. References, the image of the form will be processed and be made available
`within the Image File Wrapper (IFW) system. However, no data will be extracted from this form. Any additional data such as Foreign Patent
`Documents or Non Patent Literature will be manually reviewed and keyed into USPTO systems.
`
`3
`
`NPL Documents
`
`NPL_ 1 _ TeliaSonera_Mobile_Br
`oadcast_Multicast_Service_MB
`MS.pdf
`
`466543
`
`3S62lO...vS94acd4161Jb2a2J79l•l7oalb>
`ela-19
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`no
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`12
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`Warnings:
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`Information:
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`4
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`NPL Documents
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`NPL_2_ Text_message_ warn_ o1
`_killer_flu.pdf
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`32319
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`09bdb2e l6•b9a37ebd l<a09<2931683bfd I
`al f9b
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`no
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`1
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`Warnings:
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`Information:
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`5
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`NPL Documents
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`Warnings:
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`Information:
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`NPL_3_ The_ Cellular_Emergenc
`y_alert_Services.pdf
`
`20188
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`no
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`1
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`.OSol62"9•bS686b<9471429bc< Id I a20S<
`loSS8
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`6
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`NPL Documents
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`NPL_ 4_The_Wall_Street_Journ
`al_Online.pdf
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`440890
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`11 Jd2oof46a8df3"1<ab21Ml6ld3611&.o
`3873
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`no
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`7
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`Warnings:
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`Information:
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`7
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`NPL Documents
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`NPL_S_Chinese_search_report.
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`56909
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`do396«38e50Sdl99890fe7<847b77ll592
`bl< I
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`1
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`Information:
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`Total Files Size (in bytes)
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`1836564
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`DOJ EX. 1007
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`
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the 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
`If a 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
`If a 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
`If a 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 181 O), a Notification of the International Application Number
`and of the 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.
`
`136/249
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`DOJ EX. 1007
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`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`Application No.:
`12/726,098
`Filing Date:
`March 18, 2010
`Weiser, et al.
`Applicant:
`Group Art Unit:
`Examiner:
`Title:
`Attorney Docket:
`
`Messaging Broadcasting Control System and Method
`ENIT 9835C1
`
`PATENT
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`FIRST SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT
`
`Sir:
`
`Pursuant to 37 C.F.R. §§ 1.56, 1.97 and 1.98, Applicant hereby submits a
`Supplemental Information Disclosure Statement for consideration by the Examiner.
`
`I.
`
`LIST OF PATENTS, PUBLICATIONS, AND OTHER INFORMATION
`
`The patents, publications and other information requested to be considered by
`the Office (except unpublished U.S. patent applications) are listed on Form 1449
`attached hereto.
`
`II.
`
`COPIES
`
`A. ~ Submitted herewith is a legible copy of (i) each foreign patent; (ii) each
`publication or that portion which caused it to be listed, other than U.S. patents
`and U.S. patent application publications unless required by the Office; (iii) each
`unpublished U.S. application listed below in Section IV (i.e., including the
`specification, claims, and any drawing of the application, or that portion of the
`application which caused it to be listed, including any claims directed to that
`portion), except for such applications filed on or after June 30, 2003, pursuant to
`the Waiver of the Copy Requirement in 37 C.F.R. 1.98 (OG Notice dated
`October 19, 2004); and (iv) all other information or that portion which caused it to
`be listed.
`B. D Any patents, publications or other information which are listed on Form
`1449 or on the copies of PT0-892, but which are not enclosed herewith, were
`previously cited by or submitted to the PTO in one of the following applications
`which has been relied upon for an earlier filing date under 35 U.S.C. § 120:
`
`U.S. Serial Number
`
`U.S. Filing Date
`
`Page 1of6
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`C. D This is a PCT application in the entry of the National Phase in the United
`States. A copy of the International Search Report is attached for the
`Examiner's information. The documents listed on t~e International Search
`report are listed on the attached Form 1449 for consideration by the Examiner
`and for listing on any patent resulting from this application.
`If the International
`Search report was from the US, EPO, or JPO search authorities, copies of these
`references should have been supplied to the USPTO under the trilateral
`agreement and are believed to be in the file of the above-identified application.
`(MPEP 1893.03(g).)
`
`Ill.
`
`CONCISE EXPLANATION OF THE RELEVANCE (check at least one box)
`
`A. IZ] Except as may be indicated below in (B), all of the patents, publications or
`other information are in the English language (concise explanation not required).
`
`B. D A concise explanation of the relevance of each patent, publication or other
`information listed that is not in the English language is as follows (see 37 C.F.R.
`§ 1.98(a)(3)):
`1. D See the attached foreign patent office communication from a
`counterpart foreign application:
`2. D English translations are provided:
`3. D Other:
`
`C. D The following additional information is provided for the Examiner's
`consideration.
`
`Page 2of6
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`
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`IV.
`
`CROSS REFERENCE TO RELATED APPLICATION(S)
`
`The examiner is advised that the following co-pending applications contain
`
`subject matter that may be related to the present application. By bringing these
`
`applications to the Examiner's attention, Applicants do not waive the confidentiality
`
`provisions of 35 U.S.C. §122
`
`Co-pending U.S. Patent Applications
`
`1. Serial No. 11/602,461 filed November 20, 2006 (Attorney ON ENIT 9835U1);
`
`2. Serial No. 11/602,458 filed November 20, 2006 (Attorney ON ENIT 9839U1);
`
`3. Serial No. 11/605,207 filed November 28, 2006, (Attorney ON ENIT 9838U1);
`
`4. Serial No. 11/602,462 filed November 20, 2006 (Attorney ON ENIT 9837U1 ); and
`
`5. Serial No. 11/057,704 filed February 14, 2005 (Attorney ON ENIT 9834U1).
`
`6. Serial No. 12/559,405 filed September 14, 2009 (Attorney ON ENIT 9834C1).
`
`V.
`
`THIS IDS IS BEING FILED UNDER
`
`A. [,gl 37 C.F.R. § 1.97(b): (check only one box)
`
`1. [,gl within three months of the filing date of a national application other
`than a continued prosecution application under § 1.53(d) (37 C.F.R. §
`1.97(b)(1)). No fee or certification is required.
`2. D within three months of the date of entry of the national stage as set
`forth in§ 1.491 in an international application (37 C.F.R. § 1.97(b)(2)). No
`fee or certification is required.
`3. D before the mailing of a first Office Action on the merits (37 C.F.R. §
`In the event that a first
`1.97{b)(3)). No fee or certification is required.
`Office Action on the merits has been issued, please consider this IDS
`under 37 C.F.R. § 1.97(c) and see the certification under 37 C.F.R. §
`1.97{e) below; or, if no certification has been made, charge our deposit
`account a fee in the amount of $180.00 as required by 37 C.F.R. § 1.17(p).
`
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`4. D before the mailing of a first Office Action after the filing of a request
`for continued examination under 37 C.F.R. § 1.114. No fee or certification
`is required.
`B. D 37 C.F.R. § 1.97(c): (check only one box)
`
`before the mailing date of either any Final Office Action under 37 C.F.R. §
`1.113, a Notice of Allowance under 37 C.F.R. § 1.3.11 , or an action that
`otherwise closes prosecution.
`1. D No certification; therefore, a fee in the amount of $180.00 is required
`by 37 C.F.R. § 1.17(p).
`2. D See the certification below. No fee is required.
`
`Page 4 of 6
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`C. D 37 C.F.R. § 1.97(d):
`
`after the mailing date of either a Final Office Action under 37 C.F.R. §
`1.113 or a Notice of Allowance under 37 C.F.R. § 1.311 , yet on or before
`payment of the issue fee.
`1. D See the certification below. A fee in the amount of $180.00 is
`required by 37 C.F.R. § 1.17(p).
`
`VI.
`
`CERTIFICATION UNDER 37 C.F.R. § 1.97(e): (check only one box)
`
`The undersigned hereby certifies that:
`A D each item of information contained in this IDS was first cited in a
`communication from a foreign patent office in a counterpart foreign application
`not more than three months prior to the filing of this IDS (See 37 C.F.R. §
`1.97(e)(1 )). See further statement under 37 C.F.R. 1.704(d) below in section VII ,
`if applicable; or
`B. D no item of information contained in this IDS was cited in a communication
`from a foreign patent office in a counterpart foreign application, and, to the
`knowledge of the undersigned after making reasonable inquiry, no item of
`information contained in this IDS was known to any individual designated in 37
`C.F.R. § 1.56(c) more than three months prior to the filing of this IDS (See 37
`C.F.R. § 1.97(e)(2)).
`C. D some of the items of information were first cited in a communication from a
`foreign patent office. As to this information, the undersigned hereby certifies that
`each item of information contained in this IDS was cited in a communication from
`a foreign patent office in a counterpart foreign application not more than three
`months prior to the filing of this IDS. As to the remaining information, the
`undersigned hereby certifies 'that no item of this remaining information contained
`in this IDS was cited in a communication from a foreign patent office in a
`counterpart foreign application, and, to the knowledge of the undersigned after
`making reasonable inquiry, no item of information contained in this IDS was
`known to any individual designated in 37 C.F.R. § 1.56(c) more than three
`months prior to the filing of this IDS.
`
`VII.
`
`STATEMENT UNDER 37 C.F.R. 1.704(d)
`
`The undersigned hereby states that:
`D each item of information contained in this IDS was cited in a communication
`from a foreign patent office in a counterpart application and this communication
`was not received by any individual designated in 37 C.F.R. § 1.56(c) more than
`
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`thirty days prior to the filing of this IDS. A copy of said PCT Search Report is
`attached.
`
`VIII. PAYMENT OF FEES (check only one box)
`
`A DA check in the amount of $180.00 is enclosed for the above identified fee.
`
`B. D Please charge Deposit Account No. 162201 in the amount of $180.00 for
`the above-indicated fee. A duplicate copy of this paper is attached.
`
`The above references are being cited only in the interest of candor and without
`any admission that they constitute statutory prior art, contain matter which anticipates
`the invention, or which would render the same obvious, either singly or in combination,
`to a person of ordinary skill in the art. Furthermore, this Information Disclosure
`Statement shall not be construed as a representation that a search has been made.
`
`If it is determined that this IDS has been filed under the wrong rule, the PTO is
`requested to consider this IDS under the proper rule (with a petition if necessary) and
`charge the appropriate fee to Deposit Account No. 162201 .
`
`Please charge any additional fees or credit any overpayment pursuant to 37
`C.F.R. § 1.16 or§ 1.17 to Deposit Account No. 162201.
`
`Dated: March