throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`: 7,616,955 B2
`PATENT NO.
`APPLICATION NO. : 11/052389
`DATED
`: November 10, 2009
`INVENTOR(S)
`: Joonsuk Kim
`
`Page 1 of 1
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
`
`On the Title Page:
`
`The first or sole Notice should read --
`
`Subjectto any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b)
`by 1278 days.
`
`Signed and Sealed this
`
`Nineteenth Day of October, 2010
`
`David J. Kappas
`Director of the United States Patent and Trademark Office
`
`SONY EX. 1002
`Page 1
`
`

`
`UNITED STATES pATENT AND TRADEMARK OFFICE
`
`MCANDREWS HELD & MALLOY, LTD
`500 WEST MADISON STREET
`SUITE 3400
`CHICAGO,
`IL 60661
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`Mail Date: 04/21/2010
`
`Applicant
`Patent Number
`Issue Date
`Appliction No
`Filed
`
`Joonsuk Kim
`7616955
`11/10/2009
`11/052,389
`02/07/2005
`
`DECISION ON REQUEST FOR
`RECALCULATION of PATENT
`TERM ADJUSTMENT IN VIEW
`OF WYETH AND NOTICE OF INTENT TO
`ISSUE CERTIFICATE OF CORRECTION
`
`The Request for Recalculation is GRANTED to the extent indicated.
`The patent term adjustment has been determined to be 1278 days. The USPTO will
`sua sponte issue a certificate of correction reflecting the amount of PTA days
`determined by the recalculation.
`
`Prior to the issuance of the certificate of correction, the USPTO will afford
`patentee an opportunity to be heard and request reconsideration. Accordingly,
`patentee has one month or thirty
`(30) days, whichever is longer,
`to file a
`request for reconsideration of this patent term adjustment calculation. See 35
`U.S.C. 154 (b) (3) (B) (ii) and 37 CFR 1.322 (a) (4). No extensions of time will be
`granted under 37 CFR 1.136.
`
`Patentee should use document code PET. OP if electronically filing a request for
`reconsideration of this patent term adjustment calculation. The patentee must
`also include the information required by 37 CFR 1. 705 (b) (2) and the fee required
`by 37 CFR 1.18(e). If patentee does not file a timely request for reconsideration
`of this patent term adjustment calculation including the information required by
`37 CFR 1.705(b) (2) and the fee required by 37 CFR 1.18(e), the USPTO will issue a
`certificate of correction reflecting the PTA determination noted above.
`
`Patentee should be aware that in order to preserve the right to review in the
`United States District Court for the District of Columbia of the USPTO patent
`term adjustment determination, patentee must ensure that he or she also take the
`steps required under 35 U.S.C. 154 (b) (4) (A)
`in a
`timely manner. Nothing in the
`request for recalculation should be construed as providing an alternative time
`frame for commencing a civil action under 35 U.S.C. 154 (b) (4) (A).
`
`should be directed ts the 0ffice
`
`PTOL-549G (04/10)
`
`SONY EX. 1002
`Page 2
`
`

`
`Doc Code: PET.PTA.RCAL
`Document Description: Request for Recalculation in view of Wyeth
`
`PTO/SB/131 (02-10)
`Approved for use through 02/28/2011. OMB 0651-0020
`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.
`
`REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
`IN VIEW OF WYETH*
`
`~~~~=~:Docket 16307US02
`
`~~~i~=~ion 11/052,389
`Patent Number: 7 61 6 955
`'
`'
`First Named J
`k K"
`oonsu
`I m
`
`Inventor:
`
`Filing Date
`(or 371 (b) or (f) Date):
`
`February 7, 2005
`Issue Date: November 1 0, 2009
`
`Title: METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN BEAMFORMING WITH FIXED RATES FOR CLOSED LOOP WLAN
`
`PATENTEE HEREBY REQUESTS RECALCULATION OF THE PATENT TERM ADJUSTMENT (PTA)
`UNDER 35 USC 154(b) INDICATED ON THE ABOVE-IDENTIFIED PATENT. THE PATENTEE'S
`SOLE BASIS FOR REQUESTING THE RECALCULATION IS THE USPTO'S PRE-WYETH
`INTERPRETATION OF 35 U.S.C. 154(b)(2)(A).
`
`Note: This form is only for requesting a recalculation of PTA for patents issued before
`March 2, 2010, if the sole basis for requesting the recalculation is the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A). See Instruction Sheet on page 2 for more
`information.
`
`Patentees are reminded that to preserve the right to review in the United States District Court
`for the District of Columbia of the USPTO's patent term adjustment determination, a patentee
`must ensure that he or she also takes the steps required under 35 U.S.C. 154(b)(3) and (b)(4)
`and 37 CFR 1.705 in a timely manner.
`
`*Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).
`
`signature /Christopher C. Winslade/
`~p~~~Typed) Christopher C. Winslade
`
`Date 2010-04-01
`
`Registration Number 36,308
`
`Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with 37
`CFR 1. 33 and 11. 18. Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one signature,
`see below*.
`
`0 *Total of 1
`
`forms are submitted.
`
`The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by
`35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 hours 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: Commissioner for Patents, P.O.
`Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, ca/11-800-PT0-9199 and select option 2.
`
`SONY EX. 1002
`Page 3
`
`

`
`PTO/SB/131 (02-10)
`Approved for use through 02/28/2011. OMB 0651-0020
`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.
`
`Instruction Sheet for:
`REQUEST FOR RECALCULATION OF PATENT TERM ADJUSTMENT
`IN VIEW OF WYETH*
`(Not to be Submitted to the USPTO)
`
`This form is only for requesting a recalculation of PTA for patents issued
`before March 2, 2010, if the sole basis for requesting the recalculation is the USPTO's
`pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A).
`
`This form must be filed within 180 days of the day the patent was granted, with the
`following exception:
`
`Patentees who received a decision from the USPTO under the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A) may file a request for reconsideration of that decision if
`such a request for reconsideration is filed within two months of the date of the decision (37
`CFR 1.181 (f)). If the patentee's sole basis for requesting reconsideration of the decision is the
`USPTO's pre-Wyeth interpretation of 35 U.S.C. 154(b)(2)(A), the request for reconsideration
`need only state that reconsideration is being requested in view of Wyeth (this form may be
`used for this purpose if it is filed within two months of the date of the decision from the
`USPTO).
`
`Do not use this form if the application has been allowed, but not yet issued as a
`patent.
`
`1. For patents issued before March 2, 2010: A request for reconsideration under 37 CFR
`1.705(d) and the fee set forth in 37 CFR 1.18(e) are not required, provided that the patentee's
`sole basis for requesting recalculation of the PTA in the patent is the USPTO's pre-Wyeth
`interpretation of 35 U.S.C. 154(b)(2)(A) and this form is filed within 180 days of the day the patent
`was granted.
`
`2. For patents issued on or after March 2, 2010 (do not use this form): Patentees seeking a
`revised PTA in a patent issued on or after March 2, 2010, must file a request for reconsideration
`under 37 CFR 1.705(d) that complies with the requirements of 37 CFR 1.705(b)(1) and (b)(2)
`within two months of the day the patent issued.
`
`For more information, see "Notice Concerning Calculation of the Patent Term Adjustment
`With Respect to the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)" available on the
`USPTO Web site at http://www.uspto.gov/patents/law/notices/201 O.jsp.
`
`*Wyeth v. Kappas, No. 2009-1120 (Fed. Cir., Jan. 7, 2010).
`
`age2
`
`SONY EX. 1002
`Page 4
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly,
`pursuant to the 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 the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 197 4, as
`amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of the
`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S. C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`7. 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 responsibility to recommend improvements in records management
`practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose, and any other relevant {i.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`8. 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
`CFR 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 and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`SONY EX. 1002
`Page 5
`
`

`
`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`7332167
`
`11052389
`
`International Application Number:
`
`Confirmation Number:
`
`5139
`
`Title of Invention:
`
`METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN
`BEAMFORMING WITH FIXED RATES FOR CLOSED LOOP WLAN
`
`First Named Inventor/Applicant Name:
`
`Joonsuk Kim
`
`Customer Number:
`
`23446
`
`Filer:
`
`Christopher C. Winslade/Sarah Howard
`
`Filer Authorized By:
`
`Christopher C. Winslade
`
`Attorney Docket Number:
`
`16307US02
`
`Receipt Date:
`
`Filing Date:
`
`TimeStamp:
`
`01-APR-2010
`
`07-FEB-2005
`
`10:40:13
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`I no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size( Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(ifappl.)
`
`1
`
`Request for PTA recalculation in view of
`Wyeth
`
`16307US02.pdf
`
`no
`
`3
`
`129763
`
`7 63 9ce25 a 7 c8ad48bcd 6e969a9dee 7 d e828
`7c3b2
`
`Warnings:
`
`Information:
`
`SONY EX. 1002
`Page 6
`
`

`
`Total Files Size (in bytes)
`
`129763
`
`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 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) 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.
`
`SONY EX. 1002
`Page 7
`
`

`
`UNITED STATES pATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`111052,389
`
`ISSUE DATE
`
`11/10/2009
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7616955
`
`16307US02
`
`5139
`
`7590
`10/21/2009
`23446
`MCANDREWS HELD & MALLOY, LTD
`500 WEST MADISON STREET
`SUITE 3400
`CHICAGO, IL 60661
`
`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 636 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`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.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`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.uspto.gov for additional applicants):
`
`Joonsuk Kim, San Jose, CA;
`
`IR103 (Rev. 10/09)
`
`SONY EX. 1002
`Page 8
`
`

`
`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.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks l through 5 should be completed where
`appropriate. All further correspondence including 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 (Nolc: Usc Block I for any change of address)
`
`07/02/2009
`7590
`23446
`MCANDREWS HELD & MALLOY, LTD
`500 WEST MADISON STREET
`SUITE 3400
`CHICAGO, IL 60661
`
`!
`
`APPLICATION NO.
`
`FILING DATE
`
`I
`
`I
`
`Joonsuk Kim
`02/07/2005
`16307US02
`11/052,389
`TITLE OF INVENTION: METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN BEAMFORMING WITH FIXED
`RATES FOR CLOSED LOOP WLAN
`
`Note: A certificate of mailing can only be used for domestic mailmgs of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmissiOn.
`Certificate of Electronic Filing
`I hereby certify that this Fee(s) Transmittal is being filed
`electronically with the United States Patent Office via EFS on the
`date indicated below.
`Hopeton S. Walker
`/Hopeton S. Walker/
`Sentemh~r 25
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`FIRST NAMED INVENTOR
`
`_2_Q.O..Q
`
`(Depositor's name)
`
`(Signalurc)
`
`(Dale)
`
`5139
`
`APPLN.TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`DATE DUE
`
`I 0/02/2009
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`BHAHACHARYA, SAM
`
`2617
`
`370-334000
`
`1. Change of correspondence address or indication of "Fee Address" (3 7
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/1 22) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`( l) the names of up to 3 registered patent attomeys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listeil, no name will be printed.
`
`1 McAndrews, Held &
`Malloy
`2 __________________ _
`
`3. 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. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`Broadcom Corporation
`
`Irvine, CA
`Please check the appropriate assignee category or categories (will not be printed on the patent): 0 Individual
`
`IKl Corporation or other private group entity 0 Govemmenl
`
`4a. The following fee(s) are submitted:
`KJ Issue Fee
`KJ Publication Fee (No small entity discount permitted)
`0 Advance Order- #of Copies----------
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`K}The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number] 3-0017
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`0 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attomey or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`/Hopeton S. Walker I
`. d s·
`Aut onze
`1gnature _______________________ __
`h
`Hopeton S. Walker
`.
`Typed or pnnted n am e - - - - - - - - - - - - - - - - - - - - - -
`
`Registration No. ___6_Y-"'-'-'---------------------
`
`Date September 25, 2009
`
`This collection of information is required by 37 CFR 1.31 1. 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. 122and 3? CFR 1.14. This collection is est\ mated to take 12 minutes to complete, including gathering,_prepanng, and
`subm1tting the completed app!Jcat10n form to the USPTO. T1me w11l vary dependmg upon the mdiVIdual case. Any comments on the amount of t1me you reCJUJre to complete
`this form and/or suggestiOns for reducmg th1s burden, should be sent to the Ch1ef lnformahon Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandna, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`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.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`
`SONY EX. 1002
`Page 9
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`(Attorney Docket No. 16307US02)
`
`In the Application of:
`Joonsuk Kim
`
`Application No.:
`
`11/052,389
`
`Filed:
`
`February 7, 2005
`
`For: METHOD AND SYSTEM FOR BITS
`AND CODING ASSIGNMENT
`UTILIZING EIGEN BEAMFORMING
`WITH FIXED RATES FOR CLOSED
`LOOPWLAN
`
`Examiner:
`
`Sam Bhattacharya
`
`Group Art Unit:
`
`2617
`
`Confirmation No. 5139
`
`COMMENTS ON STATEMENT OF REASONS FOR ALLOWANCE
`
`Mail Stop Issue Fee
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`The Applicant respectfully requests entry of the following Comments on
`
`the Statement of Reasons for Allowance into the official record for the above-
`
`identified application.
`
`SONY EX. 1002
`Page 10
`
`

`
`Application No.11/052,389
`Attorney Docket No.16307US02
`
`REMARKS
`
`Claims 1-30 are allowed. The Applicant appreciates the Examiner's
`
`allowance of these claims and respectfully submits the following Comments on
`
`the Statement of Reasons for Allowance:
`
`The Applicant respectfully submits that the Reasons for Allowance may
`
`potentially import interpretations into the claims in relation to the prior art that are
`
`unnecessarily limited and may place unwarranted interpretations upon the
`
`claims.
`
`Such a characterization of the claims in view of the prior art may not
`
`properly take into account the Applicant's claimed invention as reflected in the
`
`claims, the specification and the prosecution history of the present application.
`
`Applicant believes that the claims, the specification, and the prosecution history
`
`in their entirety provide an adequate basis for the allowability of the claims.
`
`Additionally, specific parts of the Examiner's reasons for allowance may
`
`pertain to limitations appearing in some of the claims, but not others of the
`
`claims. The Applicant respectfully submits that the Examiner has thoroughly
`
`examined the claims, recognized the limitations appearing or not appearing in
`
`each of the claims, and properly found the claims to be allowable based on the
`
`record.
`
`-2-
`
`SONY EX. 1002
`Page 11
`
`

`
`Application No.11/052,389
`Attorney Docket No.16307US02
`
`CONCLUSION
`
`If the Examiner has any questions or the Applicant can be of any
`
`assistance, the Examiner is invited and encouraged to contact the Applicant's
`
`attorney at the number listed below.
`
`The Commissioner is authorized to charge any necessary fees or credit
`
`any overpayment to the Deposit Account of McAndrews, Held & Malloy, Account
`
`No. 13-0017.
`
`Respectfully submitted,
`
`/Hopeton S. Walker/
`Hopeton S. Walker
`Attorney for Applicant
`Registration No. 64,808
`
`Date: September 25, 2009
`
`MCANDREWS, HELD & MALLOY, LTD.
`500 WEST MADISON STREET, 34TH FLOOR
`CHICAGO, IL 60661
`
`TELEPHONE:
`FACSIMILE:
`
`(312) 775-8072
`(312) 775-8100
`
`(RHO)
`
`-3-
`
`SONY EX. 1002
`Page 12
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`11052389
`
`07-Feb-2005
`
`Title of Invention:
`
`METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN
`BEAMFORMING WITH FIXED RATES FOR CLOSED LOOP WLAN
`
`First Named Inventor/Applicant Name:
`
`Joonsuk Kim
`
`Filer:
`
`Hopeton St. John Walker/Brenda Johnson
`
`Attorney Docket Number:
`
`16307US02
`
`Filed as Large Entity
`
`Utility under 35 USC 111 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Utility Appl issue fee
`
`Publ. Fee- early, voluntary, or normal
`
`1501
`
`1504
`
`1
`
`1
`
`1510
`
`300
`
`1510
`
`300
`
`SONY EX. 1002
`Page 13
`
`

`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`1810
`
`SONY EX. 1002
`Page 14
`
`

`
`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`6145931
`
`11052389
`
`International Application Number:
`
`Confirmation Number:
`
`5139
`
`Title of Invention:
`
`METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN
`BEAMFORMING WITH FIXED RATES FOR CLOSED LOOP WLAN
`
`First Named Inventor/Applicant Name:
`
`Joonsuk Kim
`
`Customer Number:
`
`23446
`
`Filer:
`
`Hopeton St. John Walker/Brenda Johnson
`
`Filer Authorized By:
`
`Hopeton St. John Walker
`
`Attorney Docket Number:
`
`16307US02
`
`Receipt Date:
`
`Filing Date:
`
`TimeStamp:
`
`25-SEP-2009
`
`07-FEB-2005
`
`12:52:08
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Deposit Account
`
`$1810
`
`11721
`
`130017
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`SONY EX. 1002
`Page 15
`
`

`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size( Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(ifappl.)
`
`553077
`
`1
`
`16307US02_1ssue_fee.pdf
`
`yes
`
`4
`
`Multipart Description/PDF files in .zip description
`
`496846a8222bce87f26cfb8484 5 83 e9021 c
`06ce
`
`Document Description
`
`Start
`
`End
`
`Issue Fee Payment (PT0-85B)
`
`Miscellaneous Incoming Letter
`
`Warnings:
`
`Information:
`
`1
`
`4
`
`1
`
`2
`
`32490
`
`2
`
`Fee Worksheet (PT0-875)
`
`fee-info. pdf
`
`no
`
`2
`
`e 159881 c91 d66b5894802b6acd43054d84
`d94bc7
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`585567
`
`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 A~~lications 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 A~~lication 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 A~~lication 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 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) 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.
`
`SONY EX. 1002
`Page 16
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`23446
`7590
`07/02/2009
`MCANDREWS HELD & MALLOY, LTD
`500 WEST MADISON STREET
`SUITE 3400
`CHICAGO, IL 60661
`
`EXAMINER
`
`BHATTACHARYA, SAM
`
`ART UNIT
`
`PAPER NUMBER
`
`2617
`DATE MAILED: 07/02/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`16307US02
`JoonsukKim
`02/07/2005
`11/052,389
`TITLE OF INVENTION: METHOD AND SYSTEM FOR BITS AND CODING ASSIGNMENT UTILIZING EIGEN BEAMFORMING WITH FIXED
`RATES FOR CLOSED LOOP WLAN
`
`5139
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisiona1
`
`NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`10/02/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`
`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 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`IF AN ISSUE FEE HAS
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`L Review the SMALL ENTITY status shown above,
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`A, If the status is the same, pay the TOTAL FEE(S) DUE shown
`above,
`B, If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`If the SMALL ENTITY is shown as NO:

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