Case 2:16-cv-OO777-JRG Document 2 Filed 07/15/16 Page 1 of 1 PageID #: 153
`A0 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the US. 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
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the US. District Court
`Eastern District of Texas, Marshall Division
`on the following
`( El
`El Trademarks 0r
`MPatentst
`the patent action involves 35 USC. § 292.):
`DOCKET NO,
`DATE FILED
`U.8. 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 abovegentitled case, the following patent(s)/ trademarlds) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO}
`
`El Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`B Cross Bill
`
`[I Other Pleading
`
`HOLDER OE PATENT OR TRADEMARK
`
`1n the aboveientitled case, the following decision has been rendered or judgement issued:
`DECIS ION/JUDGEMENT
`
`
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy l—L'pon initiation of action, mail this copy to Director Copy 3—l.'pon 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
`
`Snap 1002
`
`US. Pat. 8,995,433
`
`Snap 1002
`U.S. Pat. 8,995,433
`
`

`

`Case 2:16-cv-OO779-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.SIC. § 290 and/or 15 U.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 Trademarks or
`
`EPatents.
`
`( 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 abovegentitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT 0R
`
`D Amendment
`DATE OF PATENT
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`In the aboveientitled case, the following decision has been rendered or judgement issued:
`DECIS ION/JUDGEMENT
`
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`TRADEMARK NO‘
`0R TRADEMARK
`HOLDER 0E PATENT OR TRADEMARK
`——
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`
`2
`
`

`

`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`PO Box 1450
`Alexandria, Virginia 22313-1450
`www.uspt0 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
`
`IR103 (Rev. 10/09)
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`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
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`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
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`
`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
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`
`APPLICANT(S) (Please see PAIR WEB site http://pairllspto gov for additional applicants):
`
`Empire 11’ LLC, New York, NY, Assignee (with 37 Cl-R 1.172 lnterest);
`Michael J. Rojas, North Carlton, OH;
`
`3
`
`

`

`
`
`
`
`Application Number
`
`14224125
`
`20040224678
`
`2004-11-11
`
`Dahod et al.
`
`Entire document
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`
`20040014456
`
`2004-01-22
`
`Vaananen
`
`Entire document
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`167
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`to 11‘:
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`/M.I1.E./
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`2 23/20] 5
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`20100070275
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`Marcl'i 18, 2010
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`Entire document
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`20040179092
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`2004—09—15
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`Emire document
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`20040085456
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`2004-05-06
`
`Kwag et al.
`
`Entire document
`
`20040223599
`
`2004—11—11
`
`Bear et al.
`
`Entire document
`
`20050117591
`
`2005—06-02
`
`Hurtta et al.
`
`Entire document
`
`20130279681
`
`2013—10—24
`
`Entire document
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`20120275452
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`2012-11-01
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`

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`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 m (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. A11 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
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`CURRENT CORRESPONDENCE ADDRESS (Note: Uh: Block HUI any chime: of address)
`
`7590
`67050
`KASHA LAW LLC
`-
`14532 DUfiCf M111 Road
`North Potomac, MD 20878
`
`_
`7
`n n
`[LIA/“Ob
`
`Note: A certificate of mailin can onIy be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have 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
`erv1ce W1
`su 1c1ent postage or 1rst c ass mai
`tates osta
`in an enve ope
`sd
`Pd 18th
`'
`11h
`ff'
`'
`gd f'
`b1
`'1b'
`f
`1
`1
`a dresse
`to
`e Mai Stop ISSUE FEE a
`ress a ove, or
`eing acsimie
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`
`DATE DUE
`05/26/2015
`
`03/25/2014
`14024125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMPOOZSAUS
`
`TOTAL FEE(S) DUE
`
`
`
`
`PREV. PA ) ISSI. E FEE
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`nonprovi siona]
`
`$0
`
`$0
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`SMITH. CREIGHTON H
`
`2656
`
`370-352000
`
`
`
`
`
`
`Empire IP LLC
`
`Austin, 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
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`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`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 1w
`CF} 1'363)‘
`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 orm PTO/SB/IZZ) attaCth‘
`registered attorney or agent) and the names of up to
`3 "Fee Address" indication (or "Fee Address" Indication form
`Zrcgistcrcd patcn} attorneys 01‘ agents. If no name 13
`)TO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`llsted, no name Will be printed.
`Number is required.
`3. ASSIGNEj 1\AVIE AND RESIDENCE DATA TO BE PRINTED ON THE 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) NAMj OP ASSIGNEE
`(B) RESIDENCE: (CITY and S TATE OR COUN I'RY)
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No smalI entity discount permitted)
`3 Advance Order A # of Co ies
`p
`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
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`3 Applicant asserting small entity status. See 37 CFR 1.27
`
`3 Applicant changing to regular undiscounted fee status.
`
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`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO—2038 is attached.
`EThe director is hereby authorized to charge the required fee(s), any deficiency, or credits any
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`overpayment, to Deposit Account Number 5
`—.
`5
`(enclose an extra copy of this form).
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`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
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`
`NOTE: This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`/Kelly L . Kasha/
`Date
`
`KG 1 l
`L . K61 S 1’1 a
`Registration No.
`4 7 I 7 4 3
`
`AuthorizedSignature
`
`Typed or printed name
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`PTOL-SS Part B (10-13) Approved for use through 10/31/2013.
`
`Page 2 of 3
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`OMB 0651-0033
`
`5
`
`

`

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

`

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

`

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

`

`Document
`
`.
`
`.
`
` Pagesm message Digest Part I'Zip
`
`Issue Fee Payment (PTO-85B)
`
`EMPOO2S-US_iss_fee_trans.pdf 6304321 bU'l Ue/4ec1163bdfibebebbf648'l /
`bcaf3
`
`Information:
`
`Fee Worksheet (SBOG)
`
`fee—infopdf
`
`a9hf477630dd§991 7h377l1l 677Phil (19367
`e939}?
`
`Information:
`Total Files Size (in bytes)l 120271
`
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`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
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`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
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`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addiess: COlVINIISSION'ER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`_
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`NorthMmosvs
`
`EXAlVIINER
`
`SMITH, CREIGHTONH
`
`2656
`
`DATE MAILED: 02/24/2015
`
`PTOL—85 (Rev. 02/11)
`
`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
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
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`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORlVI
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`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 lVIessaging
`
`Michael I. Rojas
`
`EMP0025-US
`
`5407
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAI. FEE(S) DUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
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`$480
`
`DATE DUE
`
`05/26/2015
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`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGIITS.
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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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`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
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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"
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`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 communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`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 m (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. A11 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: Uh: Block HUI any chime: of address)
`
`7590
`67050
`KASHA LAW LLC
`-
`14532 DUfiCf M111 Road
`North Potomac, MD 20878
`
`_
`7
`n n
`[LIA/“Ob
`
`Note: A certificate of mailin can onIy be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have 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
`erv1ce W1
`su 1c1ent postage or 1rst c ass mai
`tates osta
`in an enve ope
`sd
`Pd 18th
`'
`11h
`ff'
`'
`gd f'
`b1
`'1b'
`f
`1
`1
`a dresse
`to
`e Mai Stop ISSUE FEE a
`ress a ove, or
`eing acsimie
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`
`DATE DUE
`05/26/2015
`
`03/25/2014
`14024125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMPOOZSAUS
`
`TOTAL FEE(S) DUE
`
`
`
`
`PREV. PA ) ISSI. E FEE
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`nonprovi siona]
`
`$0
`
`$0
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`SMITH. CREIGHTON H
`
`2656
`
`370-352000
`
`
`
`
`
`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
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`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
`CF} 1'363)‘
`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 orm PTO/SB/IZZ) attaCth‘
`registered attorney or agent) and the names of up to
`3 "Fee Address" indication (or "Fee Address" Indication form
`Zrcgistcrcd patcn} attorneys 01‘ agents. If no name 13
`)TO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`llsted, no name Will be printed.
`Number is required.
`3. ASSIGNEj 1\AVIE AND RESIDENCE DATA TO BE PRINTED ON THE 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) NAMj OP ASSIGNEE
`(B) RESIDENCE: (CITY and S TATE OR COUN I'RY)
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No smalI entity discount permitted)
`3 Advance Order A # of Copies
`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
`3 Applicant changing to regular undiscounted fee status.
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 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).
`
`
`
`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 requirements and certifications.
`
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`PTOL-SS Part B (10-13) Approved for use through 10/31/2013.
`
`Page 2 of 3
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`OMB 0651-0033
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`11
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`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addiess: COlVINIISSION'ER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`APPLICATION NO.
`
`FILENG 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
`NorthMmosvs
`
`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.
`
`PTOL—85 (Rev. 02/11)
`
`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 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 Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`Page 3 of 3
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`12
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`

`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
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
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`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
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`SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box
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`Privacy Act Statement
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`The Privacy Act of 1974 (PL. 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
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`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
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`. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
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`. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
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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
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`record was filed in an application which became abandoned or in which the proceedings were terminated
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`inspection or an issued patent.
`. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`
`13
`
`

`

`
`
`Applicant(s)
`Application No.
`ROJAS, MICHAEL J.
`14/224,125
`9%?”
`EEaETénifTrON SMITH
`Notice of Allowability
`’F‘:,’:)(§it;stf,'s""°"t°”°
`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.
`
`
`
`*0) El None of the:
`b) El Some
`a) [I All
`1. El Certified copies of the priority documents have been received.
`2. I] Certified copies of the priority documents have been received in Application No.
`3. [I 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:
`
`Part of Paper No./Mai| Date 20150215
`
`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 claim(s) is/are 2-4,6—10 and 12-30. As a result of the allowed claim(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 htt' ;//\1wrw.us todov/ atents/init events/P h/index.‘so or send an inquiry to PPeredback us tocov .
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`Certified copies:
`
`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 ap