Case 2:16-cv-00777-JRG Document 2 Filed 07/15/16 Page 1 of 1 PageID #: 153
`A0 120 (Rev. 08/] 0)
`
`TO:
`
`Mai] Stop 3
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`111 Compliance with 35 USC. § 290 and/or 15 Ll.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.s. District Court
`Eastern District of Texas, Marshall Division
`on the following
`D Traden1a.rks or
`EPatents.
`( D the patent action involves 35 U.S.C. § 292.):
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`2:16—cv—777
`7/15/2016
`Eastern District of Texas, Marshall Division
`PLAINTIFF
`DEFENDANT
`
`UNILOC USA, INC., and
`UNILOC LUXEMBOURG, S.A.
`
`AVAYA |NC.,
`
`DATE INCLUDED
`
`In the aboVe—entit1ed case, the following patent(s)/ trademaIk(s) have been included:
`INCLUDED BY
`
`
`
`D Amendinent
`PATENT OR
`DATE OF PATENT
`TRADEMARK N0‘
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`-—
`
`B Cross Bill
`
`[I Other Pleading
`
`D Answer
`
`in the aboVe—entit|ed case, the following decision has been rendered orjudgement issued:
`DECIS ION/JUDGEMENT
`
` CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—IIpon termination of action, mail this copy to Director
`Copy 2—IIpon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`1
`
`Apple 1002
`U.S. Pat. 8,995,433
`
`Apple 1002
`U.S. Pat. 8,995,433
`
`1
`
`

`
`Case 2:16-cv-00779-JRG Document 2 Filed 07/15/16 Page 1 of 1 PageID #: 131
`A0 120 (Rev. 08/10)
`
`T0:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § lll6 you are hereby advised that a Court action has been
`filed in the U.S. District Court
`Eastern District of Texas, Marshall Division
`on the following
`
`D Trademarks or
`
`MPatents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`2:16-cv—779
`PLAINTIFF
`
`DATE FILED
`7/15/2016
`
`U.s. DISTRICT COURT
`Eastern District of Texas, Marshall Division
`DEFENDANT
`
`UNILOC USA, INC., and
`UNILOC LUXEMBOURG, S.A.
`
`SHORETEL, INC.
`
`‘—
`
`DATE INCLUDED
`
`In the aboVe—entitled case, the following patent(s)/ tradema.rk(s) have been included:
`INCLUDED BY
`
`PATENT OR
`
`D Amendment
`DATE OF PATENT
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`TRADEMARK N0‘
`OR TRIADEMARK
`HOLDER OE PATENT OR TRADEMARK
`-—
`
`In the aboVe—entitled Case, the following decision has been rendered or judgement issued:
`DECIS ION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`2
`
`

`
`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COM1\/IISS IONER FOR PATENTS
`P.O Box 1450
`Alexandria. Virginia 22313-1450
`www.uspto gov
`
`APPLICATION NO.
`
`14/224.125
`
`ISSUE DATE
`
`03/31/2015
`
`PATENT NO.
`
`8995433
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`EMP0025—US
`
`5407
`
`67050
`
`7590
`
`03/11/2015
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day( s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
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`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.11spto.gov for additional applicants):
`
`Empire 11’ LLC, New York, NY, Assignee (with 37 Cl-‘R 1.172 lnterest);
`Michael J. Rojas, North Canton, OH;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IRl03 (Rev. 10/09)
`
`3
`
`

`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(Not for submission under 37 CFR 1.99)
`
`Application Number
`
`14224125
`
`2014-03-25
`Filing Date
`First Named Inventor Michael J. Rojas
`A” Unit
`|
`Examiner Name
`
`Attorney Docket Number
`
`| EMP0025-US
`
`20040224678
`
`2004-11-11
`
`Entire document
`
`20040014456
`
`2004-01-22
`
`Vaananen
`
`Entire document
`
`16 ,
`(:i1ange{s)aPPiie<:i
`to n‘:
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`/M. l1.E./
`
`2 23/20, 5
`
`20100070275
`
`Cast
`March my me
`
`Entire document
`
`20040179092
`
`2004-09-15
`
`Entire document
`
`20040085456
`
`2004-05-06
`
`20040223599
`
`2004-11-11
`
`200501 17591
`
`2005-06-02
`
`.
`
`.
`
`Entire document
`
`Entire document
`
`Entire document
`
`20130279681
`
`2013-10-24
`
`Entire document
`
`20120275452
`
`2012-11-01
`
`Entire document
`
`If you wish to add additional U.S. Published Application citation information please click the Add button. Add
`FOREIGN PATENT DOCUMENTS
`R3m0Ve
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`Examiner Cite Foreign Document
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`Name of Patentee or
`Applicant of cited
`Document
`
`Pages,Co|umns,Lines
`where Relevant
`Passages or Relevant
`.
`Figures Appear
`
`EFSWeb2.1.17
`
`ALL REFERENCES CONSHDERED EXCEPT WHERE UNEE) THROUGH.
`
`/'C.S./’
`
`4
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or @ (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
`
`67050
`
`7590
`LLC
`
`~
`14532 Duficf M111 Road
`North Potomac, MD 20878
`
`_
`7
`,1 ,1
`O‘/*4/“Ob
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`'1
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the Lnited
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`03/25/2014
`14/224.125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMP0025—US
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PA ) ISSI, E FEE
`
`TOTAL FEE(_S) DUE
`
`nonprovi sional
`
`$0
`
`$0
`
`DATE DUE
`05/26/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`SMITH. CREIGHTON H
`
`2656
`
`370—352000
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`
`CFR L363)‘
`or agents OR, alternatively,
`3 Change of correspondence address (or Change of Correspondence
`(2) The name of a single firm (having as a member a
`Addrcss ("rm PTO/SB/122) attached‘
`registered attorney 01' 339111) 31111 1119 11311155 0f11l—1 E0
`3 "Fee Address" indication (or "Fee Address" Indication form
`2 registered patent attorneys or agents. If no name is
`>TO/SB/47; Rev 03-02 or more i-ecem) attached. Use of a Customer
`listed, no name will be pI‘1I1t€Cl.
`Number is required,
`3. ASSlG.\1E,:' I\ik\/IE AND RESIDENCE DATA TO BE PRINTED ON 1'1-IE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`’LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAM,:' OF ASSIGNEE
`(B) RESIDENCE: (CITY and S 1'A1'E OR COUN 1'RY)
`
`(1) The names of up to 3 registered patent attorneys 1 OhnR ' Ka-Sha
`
`Empire IP LLC
`
`Austifir TX
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual E Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Co ies
`p
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`:1 A check is enclosed.
`:1 Payment by credit card. Form PTO—2038 is attached.
`2The director is hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number 5
`_.
`5
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`:1 Applicant certifying micro entity status. See 37 CFR 1.29
`
`:1 Applicant asserting small entity status. See 37 CFR 1.27
`
`:1 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for signature reguirements and certifications.
`
`AuthorizcdSignaturc
`
`/Kelly Lo Ka—Sha/
`
`Datc
`
`Typed or printed name
`
`KG 1 1
`
`L . K61 S 1'1 a
`
`Registration No.
`
`4 7 1 7 4 3
`
`PTOL—85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`5
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`25-Mar-2014
`
`Title of Invention:
`
`System and Method for Instant Vo|P Messaging
`
`First Named Inventor/Applicant Name:
`
`Michael J. Rojas
`
`John Kasha
`
`EMP0025-US
`
`Filer:
`
`Attorney Docket Number:
`
`Filed as Small Entity
`
`Filing Fees for Utility under 35 USC111(a)
`
`Description
`
`Basic Filing:
`
`Sub-Total in
`USD(s)
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-AlIowance-and-Post-Issuance:
`
`Utility Appl Issue Fee
`
`6
`
`

`
`Description
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Sub-Total in
`USD($)
`
`Total in USD ($)
`
`7
`
`

`
`Electronic Acknowledgement Receipt
`
`21616253
`
`Confirmation Number:
`
`Title of Invention:
`
`System and Method for Instant Vo|P Messaging
`
`First Named Inventor/Applicant Name:
`
`Michael J. Rojas
`
`Customer Number:
`
`67050
`
`I F
`
`iler Authorized By:
`
`Attorney Docket Number:
`
`EMP0025—US
`
`Time Stamp:
`
`21:08:40
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`PaymentType
`
`yes
`
`Deposit Account
`
`Payment was successfully received in RAM
`
`$480
`
`Deposit Account
`
`504075
`
`Authorizeduser —
`The Director ofthe 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)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`8
`
`

`
`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
`
`.
`
`.
`
` Pages Message Digest Part /‘zip
`
`
`
`File Size(Bytes)/
`
`Multi
`
`Issue Fee Payment (PTO-85B)
`
`EMP0025-US_iss_fee_trans.pdf 6aU452'| bU'| Ue/4eC11r')3l)d3r')el)er')bf648'| /
`b<af3
`
`Fee Worksheet (SBO6)
`
`fee—info.pdf
`
`a9hf477fia0IlIlS9Pl 7h377l1l fi77Phll (19367
`e93eS
`
`Information:
`
`Information:
`
`Total Files Size (in bytes)l
`
`120271
`
`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
`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 clue course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe 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 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.
`
`9
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CO3/HVIERCE
`United States Patent and Trademark Office
`Addiess: CO1‘/INIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313—1430
`www.uspto.goV
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`_
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`EXAIVIINER
`
`SMITH, CREIGHTONH
`
`2656
`
`DATE MAILED: 02/24/2015
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`03/25/2014
`14/224,125
`TITLE OF INVENTION: System and Method for Instant VoIP l\«Iessaging
`
`Michael J. Rojas
`
`EMP0025—US
`
`5407
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSI IE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAI. FEE(S) DUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`DATE DUE
`
`05/26/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOVVED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 II.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORIVI
`VVILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
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`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
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`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
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`III. All coniiiiunications regarding this application must give the application number. Please direct all coniniunicatioiis prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of 3
`
`10
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or @ (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
`
`67050
`
`7590
`LLC
`
`~
`14532 Duficf M111 Road
`North Potomac, MD 20878
`
`_
`7
`,1 ,1
`O‘/*4/“Ob
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`'1
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the Lnited
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`03/25/2014
`14/224.125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMP0025—US
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PA ) ISSI, E FEE
`
`TOTAL FEE(_S) DUE
`
`nonprovi sional
`
`$0
`
`$0
`
`DATE DUE
`05/26/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`SMITH. CREIGHTON H
`
`2656
`
`370—352000
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`(1) The names of up to 3 registered patent attorneys
`CFR L363)‘
`or agents OR, alternatively,
`3 Change of correspondence address (or Change of Correspondence
`(2) The name of a single firm (having as a member a
`Addrcss ("rm PTO/SB/122) attached‘
`registered attorney 01' 339111) 31111 1119 11311155 0f11l—1 E0
`3 "Fee Address" indication (or "Fee Address" Indication form
`2 registered patent attorneys or agents. If no name is
`>TO/SB/47; Rev 03-02 or more i-ecem) attached. Use of a Customer
`listed, no name will be pI‘1I1t€Cl.
`Number is required,
`3. ASSlG.\1E,:' I\ik\/IE AND RESIDENCE DATA TO BE PRINTED ON 1'1-IE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`’LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAM,:' OF ASSIGNEE
`(B) RESIDENCE: (CITY and S 1'A1'E OR COUN 1'RY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`:1 A check is enclosed.
`:1 Payment by credit card. Form PTO—2038 is attached.
`jThe director is hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`:1 Applicant certifying micro entity status. See 37 CFR 1.29
`
`:1 Applicant asserting small entity status. See 37 CFR 1.27
`
`:1 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
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`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for signature reguirements and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`Page 2 of 3
`
`PTOL—85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`11
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CO3/HVIERCE
`United States Patent and Trademark Office
`Addiess: COIVINIISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 22313-1430
`wWw.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/224,125
`
`03/25/2014
`
`Michael J. Rojas
`
`EMP0025-US
`
`5407
`
`_
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`EXAIVIINER
`
`SMITH, CREIGHTONH
`
`2656
`
`DATE MAILED: 02/24/2015
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement that the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
`provide a patent term adjustment determination with the Issue Notification Letter that
`is mailed to applicant
`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
`patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term
`adjustment) should follow the process outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Tenn Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`12
`
`

`
`OMB Clearance and PRA Burden Statement for PTOL—85 Part B
`
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`The information collected by PTOL—85 Part B is required by 37 CFR 1.311. The information is required to obtain
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
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`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
`35 U .S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
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`. A record from this system of records may be disclosed, as a routine use, iii the course of presenting evidence
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`. A record related to a11 lnternational Application filed under the Pate11t Cooperation Treaty i11 this system of
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`. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
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`. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's
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`Such disclosure shall not be used to make determinations about individuals.
`. A record from this system of records may be disclosed, as a routine use, to the public after either publication
`of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CPR 1.14, as a routine use, to the public if the
`record was filed in an application which became abandoned or in which the proceedings were terminated
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`inspection or a11 issued patent.
`. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
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`
`13
`
`

`
`Notice of Allowability
`
`Application No.
`14/224,125
`('5:’;fE"|‘C‘3"H"T'ON SMITH
`
`App|icant(s)
`ROJAS, MICHAEL J.
`’F‘:{:,‘§'§‘u'S""°"‘°"°
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this app ication.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX! This communication is responsive to amendment filed on 06 FEB '15.
`
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed cIaim(s) is/are 2-4 6-10 and 12-30. As a result of the allowed cIaim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see hit’ ;/./www.-us to.r:1ov./ aten ‘/init events/" h/inciex.'s:) or send an inquiry to PPHfeedi>a<:k
`us tocov.
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`Certified copies:
`
`*0) El None of the:
`b) El Some
`a) I] All
`1. El Certified copies of the priority documents have been received.
`2. I:I Certified copies of the priority documents have been received in Application No.
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2( )).
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. El CORRECTED DRAWINGS ( as “replace