Case 2:15-cv-01575 Document 2 Filed 10/02/15 Page 1 of 1 PagelD #: 33
`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. § 11 16 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
`[I Trademarks or M Patents.
`( I] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`2:15-cv-1575
`PLAINTIFF
`
`
`
`U.s. DISTRICT COURT
`
`
`Eastern District of Texas, Marshall Division
`DEFENDANT
`FitBit Inc.
` LoganTree LP
`
`
`DATH FILED
`10/2/2015
`
`
`
`
`
`HOLDER OF PATENT OR TRADEMARK
`
`PATENT OR
`TRADEMARK NO.
`
`
`DATE OF PATENT
`OR TRADEMARK
`
`1 6,059,576
`
`5/1/2000
`
`Theodore L. Brann
`
`—
`
`
`
`
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`
`[:I Amendment
`DATE OF PATENT
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`
`
`El Cross Bill
`
`El Other Pleading
`
`[:I Answer
`
`
`(BY) DEPUTY CLERK
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`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 patcnt(s), mail this copy to Director Copy 4—Case file copy
`
`FITBIT, INC. V. LOGANTREE LP
`Ex. 1002 / Page 1 of169
`
`FITBIT, INC. v. LOGANTREE LP
`Ex. 1002 / Page 1 of 169
`
`

`
`MCCATHERN
`
`MELINDA LLOYD
`
`ml10yd@mccathemlaw.com
`
`October 8, 2015
`
`Via CMRRR 7014 0150 0001 5173 8087
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Re:
`
`Cause No. 2:15-cv-1575; LoganTree LP v. FitBz't Inc. , Eastern District of Texas,
`Marshall Division.
`
`To Whom It May Concern:
`
`Enclosed please find a file-stamped copy of Form A0120 regarding U.S. Patent No.
`6,059,576, currently pending in the above-referenced Court.
`
`Sincerely,
`
`fl\,\ ‘fag/357/L
`
`Melinda Lloyd
`
`3710 RAWLINS ST.. STE. 1600 I DALLAS, TEXAS 75219 | PHONE: 214.741.2662 I FAX: 214.741.4717 I MCCATHERNLAWCOM
`DALLAS I HOUSTON I LOS ANGELES
`
`Ex. 1002 / Page 2 of 169
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_.____-__g«.________.._.__._._.___..._________.________.____e___
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.usplo.gov
`
`Patentrqo,___6059576_
`
`NOTICE OF EX PARTE REEXAMINATION
`
`Notice is hereby given that a request for ex parte reexamination of U.S. Patent No.
`
`__6059576 on_04/04/14_ under 35 U.S.C. § 302 and
`37cRR§15m@)
`
`The reexamination proceeding has been assigned Control No. 90/013201
`
`This Notice incorporates by reference into the patent file, all papers entered into the
`
`reexamination file.
`
`K
`
`Note: This Notice should be entered into the patent file.
`
`Ex. 1002 / Page 3 of 169
`
`

`
`V.
`
`.
`
`I
`
`UNITEDSTATES PATEN'r_NRADEMARKOFFICE o *‘K
`
`'_!
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`MICHAEL CAYWOOD
`LOCKE PURNELL RAIN HARRELL
`
`-IOO CONGRESS SUITE 300
`AUSTIN TX
`7370I
`
`DATE PRINTED
`
`II/I9/07
`
`MAINTENANCE FEE REMINDER
`
`According to the records of the U.S. Patent and Trademark Office (USPTO) the maintenance fee for
`the patent(s) listed below (for which the above address is on record as the fee address under
`37 CFR 1.363) has not been paid within the six—month period set forth in 37 CFR 1.362(d).
`THE MAINTENANCE FEE MAY STILL BE PAID WITH THE APPLICABLE SURCHARGE SET FORTH
`IN 37 CFR 1.20(h), WITHIN THE SIX-MONTH GRACE PERIOD SET FORTH IN 37 CFR 1.362(e).
`
`Unless payment of the maintenance fee and the applicable surcharge is received in the USPTO
`within the six—month grace period, THE PATENT WILL EXPIRE AS OF THE END OF THE GRACE
`PERIOD.
`35 U.S.C. 41(b).
`
`The total payment due is the amount required on the date the fee is paid (and not necessarily the
`amount indicated below). All USPTO fees (including maintenance fees) are subject to change.
`Customers should refer to the USPTO Web site (www.uspto.gov) or call the Maintenance Fee Branch
`at 571-272-6500 for the most current fee amounts for the correct entity status before submitting
`payment. The total payment due indicated below is based on the entity status according to current
`Office records (shown below).
`
`Timely payment of the total payment due is required in order to avoid expiration of the patent.
`A maintenance fee payment can be timely made using the certificate of mailing or transmission
`procedure set forth in 37 CFR 1.8.
`
`PATENT
`NUMBER
`
`FEE MAINT.
`AMT SURCHG
`
`U.S.
`APPL
`NUMBER
`
`PATENT
`ISSUE
`DATE
`
`TOTAL ATTORNEY
`PAY-
`APPL;
`PYMT
`DOCKET
`FILING MENT SMALL
`DATE
`YEAR ENTITY? DUE
`NUMBER
`
`.1180 65
`
`08976228 05/09/00
`
`11/21/97
`
`8
`
`YES
`
`1215
`
`13326/59157
`
`The maintenance fee and the applicable surcharge can be paid quickly and easily over the Internet
`at www.uspto.gov by electronic funds transfer (EFT), credit card, or USPTO deposit account payment
`methods. The mailing address for all maintenance fee payments not electronically submitted over the
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`
`Direct any questions about this notice to: Mail Stop M Correspondence, Director of the United
`States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`NOTE: This notice was automatically generated based on the amount of time that elapsed since
`the date a patent was granted.
`It is possible that the patent term may have ended or been shortened
`due to a terminal disclaimer that was filed in the application. Also, for any patent that
`issued from an application filed on or after June 8, 1995 containing a specific reference to
`an earlier filed application or applications under 35 U.S.C. 120, 121, or 365(c),
`the patent
`term ends 20 years from the date on which the earliest such application was filed, unless
`the term was adjusted or extended under 35 U.S.C. 154 or 156. Patentee should determine the
`relevant patent term for a patent before paying the maintenance fee.
`MF440|
`(7/2007)
`
`Ex. 1002 / Page 4 of 169
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_1
`.
`
`COMMISSIONER FUR PATENTS
`UNITED STATES PATENT AND THADEMARK OFFICE
`P.E1. BOX 1450
`ALEXANDRIA, VA 22313-1450
`www.u§gto.gov
`
`Paper No. 15
`
`THEODORE L. BRANN
`g'<())i':iEi(~)1i-:(, gf3)‘(i578006-6766
`
`_
`In re Patent No. 6,059,576
`Issue Date: May 9, 2000
`Application No. 08/976,228
`Filed: November 21, 1997
`Patentee: Theodore L. Brann
`
`COPY MA"'ED_
`MAY 2 4 2005
`
`OFFICE OF PETITIONS
`
`:
`:
`:
`
`ON PETITION
`
`This is a decision on the petition under 37 CFR l.378(c) to accept the unintentionally delayed
`payment of a maintenance fee for the above-identified patent filed May 5, 2006. This is also a
`decision on the petition under 37 CFR 1.182 requesting expedited consideration of the petition
`under 37 CFR 1.378(c).
`
`The petitions are GRANTED.
`
`The 3 ‘/2 year maintenance fee_in this case_ is hereby accepted and the above-identified patent is
`hereby reinstated as of the mail date of this decision.
`
`It is noted that ‘a change of correspondence address was filed on May 22, 2002. However,
`petitioner should note that the mere filing of a change of correspondence address will not affect
`the fee address. Therefore, if petitioner desires to receive future correspondence regarding any
`Maintenance Fee Reminder which E be mailed regarding maintenance fees for the above-
`identified patent, the “fee address” and/or “customer number” forms should be submitted to the
`Maintenance Fee Division.
`
`Telephone inquiries concerning this matter may be directed to the undersigned at (571) 272-
`3204.
`
`The patented file is being returned to the Files Repository.
`
`S erry D. B 'nk1ey
`Petitions Examiner
`Office of Petitions
`
`Ex. 1002 / Page 5 of 169
`
`

`
`PTO/SB/123 (D1-O6)
`Approved for use through 12/31/2008. OMB 0651-0035
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`P.O. BOX 1450
`"'°"*’““"*" VA 223""“‘5° —L .m-
`
`First Named Inventor
`
`'
`
`Please change the Correspondence Address for the above-identified patent to:
`
`D The address associated with Customer Number:
`
`OR
`
`Firm or
`Individual Name
`
`L°9a”T""e LP
`
`Theodore L. Brann, GP
`P 0 Box 2345
`
`Address
`
`Count
`
`USA
`
`.
`
`This form cannot be used to change the data associated with a Customer Number. To change the data associated with an
`existing Customer Number use "Request for Customer Number Data Change" (PTO/SB/124).
`
`This form will not affect any "fee address" provided for the above—identified patent. To change a "fee address" use the "Fee
`Address Indication Form" (PTO/SB/47).
`
`I am the:
`
`Patentee.
`
`Assignee of record of the entire interest. See 37 CFR 3.71.
`Statement under 37 CFR 3.73(b) is enclosed. (Form PTO/SB/96).
`
`C] Attorney or agent of record. Registration Number
`
`Sinature
`Typed or
`Primed Name
`
`_ /1‘. .
`
`AMA‘
`
`I
`
`Theodore L. Brann, GP
`
`‘
`210-698-6020, Ext. 40
`Tele . hone
`05/05/2006
`Date
`NOTE: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required. Submit multiple forms
`if more than one sinature is reuired, see below‘.
`
`I: ‘Total of
`
`one
`
`forms are submitted.
`
`This collection of information is required by 37 CFR 1,33. 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 3 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 complete 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: Mail Stop Post Issue, 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.
`
`\ .
`
`.
`
`..
`
`Ex. 1002 / Page 6 of 169
`
`

`
`0d“—0&‘voé
`U
`
`us #5.’:
`PETITION TO‘ ACCEPT UNINTENTIONALLY DELAYED PAYMENT OF
`MAINTENANCE FEE IN AN EXPIRED PATENT 37 CFR 1.378 c
`
`°°°"e'N””‘°e’(°P"°"a')
`
`PTOISBl66 (10-05)
`Approved for use through 05/31/2006. OMB 0651-0016
`
`Mail to: Mail Stop Petition
`Commissioner for Patents
`P.O. Box1450
`Alexandria, VA 22313-1450
`Fax: (571)273-8300
`
`NOTE:
`
`If information or assistance is needed in completing this form, please contact Petitions Information
`at (571) 272-3282.
`
`Patent No. _fi$’>_L5_____________ Application Number
`
`08976228
`
`Issue Date _95Lo_912Q_o_Q____________ Filing Date 121/1£7________________j_
`
`CAUTION: Maintenance fee (and surcharge, if any) payment must correctly identify: (1) the patent
`number (or reissue patent number, if a reissue) and (2) the application number of the
`actual U.S. application (or reissue application) leading to issuance of that patent to
`ensure the fee(s) is/are associated with the correct patent. 37 CFR 1.366(0) and (d).
`
`Also complete the following information, if applicable‘
`
`The above - identified patent:
`
`___, original issue date
`D is a reissue of original Patent No. _____;
`original application number ,
`original filing date _________
`___.
`
`resulted from the entry into the U.S. under 35 U.S.C. 371 of international
`application _______________________ filed on
`
`CERTIFICATE OF MAILING (37 CFR 1.8(a))
`
`I hereby certify that this paper (along with any paper referred to as being attached or enclosed) is being deposited with
`the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope
`addressed to Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, or facsimile
`transmitted to the U.S. Patent and Trademark Office on the date shown below.
`
`__ m__ __:* _ __
`
`Date
`
`05/30/2005 KH IIK
`
`00000009 5059575
`
`8%
`
`03 n:':14e2
`
`1
`
`400. 00 up
`
`THEoD..,._.
`
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`
`_
`
`_
`
`Typed or printed name Ofd.ieI?8;l1%:a3Ing Certificat ‘ ‘ ~ .
`
`[Page 1 013]
`This collection of information is required by 37 CFR 1.378(c). 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 1 hour 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 time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chiet Information Officer, US. Patent and
`Trademark Otfice. U.S. Department of Commerce. P.O. Box 1450. Alexandria, VA 223134450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Mail Stop Petition, Commissioner for Patents. P.0. Box 1450. Alexandria. VA 22313-1450.
`
`ti:
`»
`
`I
`
`'
`
`Ifyou need assistance in completing the form, ca/I 1-800-PTO-9199 and select option 2.
`d t : 05/30/2005- CKIILOK
`riieimui ooooooaagmgvfij
`
`P15
`
`I
`
`D
`
`MAY 1 6 2035
`0FFiCE 0F PETlTl0NS
`
`Ex. 1002 / Page 7 of 169
`
`

`
`PTO/SB/65 (10-05)
`Approved for use through 05/31/2006. OMB 0651-0016
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995, no ersons are reuired to res ond to a collection of information unless it disla
`a valid OMB control number.
`
`1.
`
`SMALL ENTITY
`
`Patentee claims, or has previously claimed, small entity status. See 37 CFR 127.
`LOSS OF ENTITLEMENT TO SMALL ENTITY STATUS
`
`2.
`
`CI Patentee is no longer entitled to small entity status. See 37 CFR 1.27(g).
`
`3. MAINTENANCE FEE (37 CFR1.20(e)-(g))
`
`The appropriate maintenance fee must be submitted with this petition, unless it was paid earlier.
`
`NOT Small Entity
`
`Small Entity
`
`(1551)
`
`(1552)
`
`7 1/2 yr fee
`
`11 1/2 yr fee
`
`.
`
`7 1/2 yr fee
`
`11 1/2 yr fee
`
`(2551)
`
`(2552)
`
`(2553)
`
`MAINTENANCE FEE BEING SUBMITTED $__I1_’50_.()O
`
`_
`
`4.
`
`SURCHARGE
`
`(Fee Code 1558) must be paid as a condition
`1640.00
`The surcharge required by 37 CFR 1.20(i)(2) of $
`of accepting unintentionally delayed payment of the maintenance fee.
`
`SURCHARGE BEING SUBMITTED $__1_6fiD_._O_0____
`
`5. MANNER OF PAYMENT
`
`Enclosed is a check for the sum of $fi§@0________
`
`_.
`
`Please charge Deposit Account No._________________ the ‘sum of $______________. A duplicate
`copy of this authorization is attached.
`
`Payment by credit card. Form PTO-2038 is attached.
`
`6. AUTHORIZATION TO CHARGE ANY FEE DEFICIENCY
`
`The Director is hereby authorized to charge any maintenance fee, surcharge or petition
`deficiency to Deposit Account No._____
`. A duplicate copy of this authorization is attached.
`
`[Page 2 of 3]
`
`Ex. 1002 / Page 8 of 169
`
`

`
`O
`
`PTOISB/66 (10-05)
`Approved for use through 05/31/2006. OMB 0651-0016
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa wvor1( Reduction Act of 1995. no ersons are reuired to resond to a collection of infonnation unless it dis la 5 a valid OMB control number
`
`7. OVERPAYMENT
`
`As to any overpayment made please
`
`|:|
`
`Credit to Deposit Account No._______
`
`OR
`
`Send refund check.
`
`WARNING:
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may
`contribute to identity theft. Personal information such as social security numbers, bank account numbers. or credit card
`numbers (other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by
`the USPTO to support a petition or an application.
`If this type of personal information is included in documents submitted to
`the USPTO, petitioners/applicants should consider redacting such personal information from the documents before submitting
`them to the USPTO. Petitioner/applicant is advised that the record of a patent application is available to the public after
`publication of the application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the application)
`or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the public if the
`application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit card
`authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not
`publicly available.
`'
`
`8. STATEMENT
`
`The delay in payment of the maintenance fee to this patent was unintentional.
`
`9. PET|TlONER(S) REQUEST THAT THE DELAYED PAYMENT OF THE MAlNTENANCE FEE BE
`ACCEPTED AND THE PATENT REINSTATED.
`
`_____;___&Z’é£:ém_>!i ______ _____o5tQsz2Qo§j
`Signature(s) of Petitioner(s
`Date
`
`...__________________Il:tE.QD9J3.E.L._EBAL*LN_______________________________j____
`-Typed or printed name(s)
`Registration Number, if applicable
`210-347-5380
`Telephone Number
`
`______‘:___________________E_QBQ2L2:t45.______________________
`Add ress
`
` BDD&fl6fi
`Add ress
`
`37 CFR 1.378(d) states: “Any petition under this section must be signed by an attorney or agent
`registered to practice before the Patent and Trademark Office, or by the patentee. the assignee.
`or other party in interest."
`
`ENCLOSURES:
`
`Maintenance Fee payment
`
`Surcharge under 37 CFR 1.20(i)(2) (fee for filing the maintenance fee petition)
`
`_i3EougsLEoR_ex&mLEo§_asmgs;as1uauAooaess.aD_aQsIcAao_j
`
`Ex. 1002 / Page 9 of 169
`
`

`
`41
`it&
`, “Mil ‘V0 5 2005
`
`FROM:
`
`Theodore L Brann
`
`Logan Tree LP
`P O Box 2345
`
`Boeme, TX 78006-6345
`
`Commissioner for Patents
`
`Attn: Sherry Brinkley
`P O Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sherry,
`
`Included in the amount check number 3761 is written for is an additional $400 to pay for
`expedited services associated with the processing of my “Petition To Accept
`Unintentionally Delayed Payment of Maintenance Fee In An Expired Patent.”
`
`Per the advice I received today from Cliff I will contact you in a few days to bring this
`request to your attention.
`
`Thank you for your assistance.
`
`Sincerely,
`
`RECEEVED
`
`MAY 1 G 2005
`
`OFHCE OF PETlTlONS
`
`Ex. 1002 / Page 10 of 169
`
`

`
`M2y;_;_—,;Z_;_3-O2
`
`1 1 : 34A CORP - glitz
`
`MAY 2 2 2002
`
`Please type a plus sign (4-) inside this box :—-p D
`
`PTOISB/'23 (10 0°)
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`US. Patent and Trademark Ottloe; U.S. DEPARTMENT OF COMMERCE
`Under the Pa rworli Reduction Act nf19§5, no - rsons are required to re: - d to a collection at information unless it disle s a valid OMB control number.
`CHANGE or
`6 05 am
`
`Address to:
`Assistant Commlsslonerfor Patents
`‘”“‘“'”9‘°”'°'°‘ 2°23‘
`
`.
`7
`/Val/. ZI
`. om: L M-4~N '
`
`Please change the Correspondence Address lor the above-identified patent to:
`
`[3 Customer Number
`OR
`
`l::l ————+
`Type Customer Number here
`
`Pt-=°<="=~m°'
`Numwaarcoda
`Label hare
`
`[2]
`
`lndlvidualhlame
`
`E 91.’
`-
`,.
`Po . 2 5
`
`This lorm cannot be used to change the data associated with a Customer Number. To change the
`data associated with an existing Customer Number use “Request for Customer Number Data
`Change“ (FTOISB/124).
`
`This form will not affect any “fee address" provided for the above-identified patent. To change a "fee
`address" use the “Fee Address Indication Form" (PTO/SB/47).
`
`lamlhe;
`
`[Z Patentee.
`_
`Assignee of record of the entire interest. See 37 CFR 3.71.
`Statement under 37 CFR 3.73(b) is enclosed.
`(Form PTOISB/96).
`
`D Attorney or agent of record.
`
`Typed or
`I
`P'''"e‘' Name
`TH£oDo.eE L. B ' NM
`T ,.,,_
`
`‘
`
`’
`
`TN
`
`OTE: signatures of all the Inventors or asslgnees ot record of the entire interest or their representative(s) are required. Submit multiple
`lorms if more than one signature is required. see below’.
`
`lorms are submitted.
`I ‘Total of
`Burden Hour Statement: This lorm is estimated to lake 3 minutes to complete. Time will vary dependlng upon the needs of the Indlvlduel use. Any comments on
`Iha amount of time you are required to complete this lorrn should be sent to the Chief lnlormetlon Oflloer. U.S. Patent and Trademark Otftce, Washington. DC
`20231. DO NOT SEND FEES Oil COMFLETED FORMS TO THIS ADDRESS. SEND TO: Assistant Commissioner for Patents. Washington. DC 20231.
`
`Ex. 1002 / Page 11 of 169
`
`

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`Ex. 1002 / Page 12 of 169
`
`

`
`Complete and mail this form. together wirnplicable fees, to:
`
`Box ISSUE FEE
`
`PART B-—|SS.UE FEE~TRANS
`
`ner for Patents
`Asslsisnt commlssio
`r -Washington, D.C. 20231
`
`M|'lT '
`
`Note: The certificate of mailing below can only be used for domestic
`mailings of the Issue Fee Transmittal. This cenificate cannot be used
`forany other accompanying papers. Each additional paper. such as an
`assignment or formal drawing, must have its own certificate of mailing.
`
`certificate of Malling
`I hereby certify that this Issue Fee Transmittal is being deposited with
`the United States Postal Service with sufficient postage for first class
`mail in an envelope addressed to the Box Issue Fee address above on
`the date indicated below.
`
`Cecilia Howells
`
`’’ _..4/ .
`r
`/
`4-.’ 0 5
`EXAMINER AND GR
`OUP ART UNIT
`
`(peposflofs name)
`isionamrei
`(Date)
`0
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`
`MAILING INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE. Blocks 1
`through 4 should be completed where appropriate. All fu nhercorrespondence including the Issue Fee
`Receipt. the Patent. advance orders and notification of maintenance fees will be mailed to the current
`correspondence address as indicated 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: Legibly mark-up with any corrections or use Block 1)
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`ATI'Y'S DOCKET NO.
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`CLASS-SUBCLASS
`
`BATCH NO.
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`APPLN. TYPE
`
`SMALL ENTITY
`
`FEE DUE
`
`DATE DUE
`
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`123232363-/‘-'-3'§!157
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`c1I3«1l~1Z'-17.. EIIIIIII
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`
`1. Change of correspondence address or indication of “ Fee Address‘ (37 CFR 1.363).
`Use of PTO form(s) and Customer Number are recommended. but not required.
`
`CI Change of correspondence address (or Change of Correspondence Address fcnn
`PTO/SB/122) attached.
`
`CI “Fee Address‘ indication (or ‘Fee Address‘ Indication fonn PTO/SB/47) attached.
`
`2. For printing on the patent front page. list
`(1) the names of up to 3 registered patent
`attorneys or agents OR. alternatively. (2)
`single firm (having as a
`"19 llama 07 3
`member a registered attorney or agent)
`and the names of up to 2 registered patent
`atiomeys or agents. If no name is listed, no
`name will be printed.
`
`1Locke Liddell & Sagp LLP
`
`. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`Inclusion of assignee data is only appropiate when an assignment has been previously submitted to
`the PTO or is being submitted under separate cover. Completion of this fonn is NOT a subsititue for
`filing an assignment.
`(A) NAME OF ASSIGNEE
`
`4a. The following fees are enclosed (make check payable to Commissioner
`of Patents and Trademarks):
`ii Issue Fee
`KI'Advance Order - it of Copies.__l_Oji
`
`(B) RESIDENCE: (CITY & STATE OR COUNTRY)
`
`Please check the appropriate assignee category indicated below (will not be printed on the patent)
`CI individual
`D corporation or other private group entity
`CI government
`
`4b. The following fees or deficiency in these fees should be charged to:
`DEPOSIT ACCOUNT NUMBER
`(ENCLOSE AN EXTRA COPY OF THIS FORM)
`3 Issue Fee
`:1 Advance Order - it of Copies
`The COMMISSIONER OF PATENTS AND TRADEMARKS IS requested to apply the Issue Fee to the application identified above.
`(Authorized w
`1'
`NOE; The Issue Fee will not be as: ted from anyone other than the applicant; a registered attorney
`or agent; or the assignee or other -'
`in interest as shown by the records of the Patent and
`Trademark Office.
`
`Burden Hour Statement: This form is estimated to take 0.2 hours to complete. Time will vary
`depending on the needs of the individual case. Any comments on the amount of time required
`to complete this fonn should be sent to the Chief Information Officer, Patent and Trademark
`Office. Washington, D.C. 20231. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND FEES AND THIS FORM TO: Box Issue Fee. Assistant Commissioner for
`Patents, Washington D.C. 20231
`
`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.
`
`TRANSMIT THIS FORM WITH FEE
`
`03/02/E000 RTSEGRYL 00000049 00976220
`6 3:39
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`01 FC:E4E
`02 rc:ss1
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`o 59
`0 0“
`
`PTOLDSB (REV.t0-96) Approved for use through 06/30/99. OMB 0651-0033
`
`Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Ex. 1002 / Page 13 of 169
`
`

`
`Ex. 1002 / Page 14 of 169
`
`

`
`Ex. 1002 / Page 15 of 169
`
`

`
`Ex. 1002 / Page 16 of 169
`
`

`
`Ex. 1002 / Page 17 of 169
`
`

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`Ex. 1002 / Page 18 of 169
`
`

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`Initialize &
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`Sanity
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`Movement?
`
`movement flag
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`
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`
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`
`Ex. 1002 / Page 19 of 169
`
`

`
`increment
`no motion
`counter
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`rec.
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`Ex. 1002 / Page 20 of 169
`
`

`
`Angle < prop
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`
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`
`Ex. 1002 / Page 21 of 169
`
`

`
`cleor notice
`
`& prop
`movement flags
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`Reset for
`
`upright?
`
`record prop
`movement
`event d/t
`
`Ex. 1002 / Page 22 of 169
`
`

`
`ATTORNEY DOCKET NO. 13326/S9157
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFF
`
`&
`
`PATENT
`
`jiw/V
`
`GROUP NO.:
`
`3713
`
`EXAMINER:
`
`Cheng, J.
`
`BATCH NO.:
`
`F27
`
`Brann, T.
`,
`08/976,228
`
`November 21, 199
`
`December 6, 1999
`
`A TRAINING AND SAFETY DEVICE,
`SYSTEM AND METHOD TO AID IN
`PROPER MOVEMENT DURDVG
`PHYSICAL ACTIVITY
`
`¢0)<m¢@<0Jf0'J¢0H03@
`
`§
`
`BOX OFFICIAL DRAFTSMAN
`THE COMMISSIONER OF PATENTS AND TRADEMARKS.
`
`WASHINGTON, D.C. 20231
`
`LETTER OF TRANSMITTAL
`
`Attached please find the following documents:
`
`'
`
`1.
`
`2.
`3.
`
`Submittal of Formal Drawings, including Conditional Petition for Extension of Time to
`File Formal Drawings;
`Nine (9) drawing sheets; and
`A self-addressed, stamped retum-receipt postcard.
`
`If any additional extension and/or fee is required or if any overpayment has been made, the Commissioner
`is hereby authorized to charge any deficit or credit any overpayment to Account No. 12-1781.
`
`Date, @1323, 7,002)
`
`Registration No. 37,797
`
`RESPECTFULLY SUBMITTED,
`
`Wtwéuuf
`
`Michael Caywood
`ATTORNEY FOR APP CANT
`
`_ Locke Liddel1& Sapp LLP
`100 Congress Avenue, Suite 300
`Austin, Texas 78701
`(512) 305-4724
`
`‘CERTIFICATE OF MAILING (37 CFR§ 1.8)
`
`I hereby certify that this paper (along with any paper referred to as being attached or enclosed) is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope addressed to the Box Official Draftsman, Assistant Commissioner
`for Patents, Washington, D.C. 20231 on the date indicated below.
`
`Date:
`
`.
`
`l3326:59l57:AUSTIN:197189.I
`
`Ce ' ia Howells
`.
`
`.
`
`Signature
`
`Ex. 1002 / Page 23 of 169
`
`

`
`ATTORNEY DOCKET NO. 13326/59157
`
`PATENT
`
`IN RE:
`
`SERIAL NO.:
`
`FILED:
`
`ALLOWED:
`
`FOR:
`
`A TRAINING AND SAFETY DEVICE,
`SYSTEM AND METHOD TO AID IN
`PROPER MOVEMENT DURING
`PHYSICAL ACTIVITY
`
`GROUP NO.:
`
`3713
`
`EXAMINER:
`
`Cheng, J.
`
`BATCH NO.:
`
`F27
`
`€0>¢0DPAON0>¢03€0>&mW'3€03
`
`BOX ISSUE FEE
`Assistant Commissioner for Patents
`
`Washington, D.C. 20231
`
`Dear Sir:
`
`TRANSMITTAL LETTER
`
`Enclosed herewith please find the following documents for filing for the above-identified patent application:
`
`Submittal of Base Issue Fee;
`Part B of ISSUE FEE TRANSMITTAL FORM;
`Copy of letter of transmittal for Submittal of Formal Drawings;
`Check in the amount of $605.00 for the base issue fee;
`Check in the amount of $30.00 for ten (10) initial copies; and
`Self-Addressed and Stamped Return Receipt Postcard.
`
`If any additional extension and/or fee is required or if any overpayment has been made, the Commissioner is
`hereby authorized to charge any deficit or credit any overpayment to Account No. I2-1781.
`
`I
`Date:
`Registration No. 37,797
`
`RESPECTFULLY SUBMITTED,
`
`Michael Caywood
`
`Locke Liddell & Sapp LLP
`100 Congress Avenue, Suite 300
`Austin, Texas 78701
`Telephone: 512/305-4700
`Facsimile: 512/305-4800
`
`I hereby certify that this Issue Fee Transmittal is being deposited with the United States Postal Service with sufficient postage for first class mail in an
`envelope addressed to the Box Issue Fee, Assistant Commissioner for Patents, Washington, D.C. 20231 on the date indicated below.
`
`‘CERTIFICATE OF MAILING (37 CFR§ L8)
`
`Date: @$
`
`13326:59I57:AUSTIN:l97l1l.l
`
`Cecilia Howells
`
`Signature
`
`Ex. 1002 / Page 24 of 169
`
`

`
`3
`
`ATTORNEY DOCKET NO. 13326/59157
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`GROUP NO.:
`
`3713
`
`EXAMINER:
`
`Cheng, J.
`
`BATCH NO.:
`
`IN RE:
`
`Brann, T.
`
`SERIAL NO.:
`
`08/976,228
`
`FILED:
`
`November 21, 1997
`
`ALLOWED:
`
`December 6, 1999
`
`FOR:
`
`A TRAINING AND SAFETY
`DEVICE, SYSTEM AND
`METHOD TO AID IN
`PROPER MOVEMENT
`DURING PHYSICAL
`ACTIVITY
`
`¢7JW)f0JOUJO0J€¢7J¢¢7JO0HflH'flJ
`
`BOX ISSUE FEE
`THE COMMISSIONER OF PATENTS AND TRADEMARKS‘
`WASHINGTON, D.C. 20231
`
`SUBMITTAL OF BASE ISSUE FEE
`
`Dear Madam:
`
`The applicant’ herewith submits to the Commissioner of Patent and Trademarks the Base Issue Fee in
`response to the Notice of Allowance dated December 6 1999.
`
`The Applicant also requests ten (10) copies of the issued patent and submits the payment of the appropriate
`
`fee.
`
`STATUS
`
`At the time of this filing the Applicant/Assignee is:
`
`[X]
`
`a small entity — the verified statement is,
`[ ]
`attached, or
`[X]
`already on file.
`
`[ ]
`
`other than a small entity.
`
`CERTIFICATE OF MAILING (37 CFR§ 1.8)
`
`I hereby certify that this Issue Fee Transmittal is being deposited with the United States Postal Service with sufficient postage for first class mail
`in an envelope addressed to the Box Issue Fee, Assistant Commissioner for Patents, Washington, D.C. 20231 on the date indicated below.
`
`W
`
`2; 91009 /Signature
`
`Cecilia Howells
`
`73244:57449:AUSTIN:191982.]
`
`Ex. 1002 / Page 25 of 169
`
`

`
`O.
`
`ATTORNEY DOCKET NO. 13326/S9157
`
`PATENT
`
`FEE PAYMENT
`
`Attached are checks in the sum of $ 635.00 for the Base Issue Fee and for ten (10) copies.
`
`If any additional extension and/or fee is required or if any overpayment has been made, the Commissioner
`is hereby authorized to charge any deficit or credit any overpayment to Account No. 12-1781.
`
`/W)
`Date: F61‘
`Registration No. 37,797
`
`RESPECTFULLY SUBMITTED,
`
`Michael Caywood
`ATTORNEY FOR AP
`
`Locke Liddel1& Sapp LLP
`100 Congress Avenue, Suite 300
`Austin, Texas 78701
`(512) 305-4700
`
`73244:57449:AUSTIN:191982.]
`
`13326:59157:AUSTIN:197l16.1
`
`Ex. 1002 / Page 26 of 169
`
`

`
`ATTORNEY DOCKET NO. 13326/59157
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Brann, T.
`
`08/976,228
`
`November 21, 1997
`
`December 6, 1999
`
`GROUP NO.:
`
`3713
`
`EXAMINER:
`
`Cheng, J.
`
`BATCH NO.:
`
`F27
`
`A TRAINING AND SAFETY DEVICE,
`SYSTEM AND METHOD TO AID IN
`PROPER MOVEMENT DURING
`PHYSICAL ACTIVITY
`
`§
`
`BOX OFFICIAL DRAFTSMAN
`THE COMNIISSIONER OF PATENTS AND TRADEMARKS.
`
`WASHINGTON, D.C. 20231
`
`SUBMITTAL OF FORMAL DRAWINGS
`
`Dear Sir:
`
`To correct the infonnalities in the drawings noted in the Draftsman's objections on PTO-948, applicant
`submits herewith nine (9) new sheets of drawings for this application.
`
`The th