throbber
Case 2:16-cv-00777-JRG Document 2 Filed 07/15/16 Page 1 of 1 PagelD #: 153
`AO 120 (Rev. 08/10)
`
`TRADEMARK
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and TrademarkOffice
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`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 youare hereby advisedthat a court action has been
`
`filed in the U.S. District Court
`Eastern District of Texas, Marshall Division
`on the following
`CD Trademarks or
`(Patents.
`( (J the patent action involves 35 U.S.C. § 292.):
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`2:16-cv-777
`7/15/2016
`Eastern District of Texas, Marshall Division
`PLAINTIFF
`DEFENDANT
`
`UNILOC USA, INC., and
`UNILOG LUXEMBOURG, S.A.
`
`AVAYAING.,
`
`
`
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`LC] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`LC Answer
`
`LJ Cross Bill
`
`CL] Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`
`DECISION/TUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Uponterminationof action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director
`Copy 4—Case file copy
`
`Snap 1002
`USS. Pat. 8,995,433
`
`Snap 1002
`U.S. Pat. 8,995,433
`
`

`

`Case 2:16-cv-00779-JRG Document 2 Filed 07/15/16 Page 1of1PagelD# 131
`AO 120 (Rev. 08/10)
`
`TRADEMARK
`
`TO:
`
`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
`
`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 U.S. District Court
`Eastern District of Texas, Marshall Division
`on the following
`(] Trademarks or
`(Patents.
`( [] 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.
`
`
`HOLDER OF PATENT OR TRADEMARK
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`_] Amendment
`DATEOF PATENT
`OR TRADEMARK
`
`LC] Answer
`
`CL) Cross Bill
`
`L] Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`
`DECISION/IUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director Copy 4—Casefile copy
`
`2
`
`

`

`
`
`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.
`
`14/224,125
`
`ISSUE DATE
`
`03/31/2015
`
`PATENT NO.
`
`8995433
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`EMP0025-US
`
`5407
`
`67050
`
`7890
`
`O3/LL/2015
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`The projected patent numberandissue 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 Adjustmentis 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustmenton the front page.
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`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis the filing date of the most recent CPA.
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`Retrieval (PAIR) WEBsite (http://pair-uspto.gov).
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`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
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`(ODM)at (571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Empire IP LLC, New York, NY, Assignee (with 37 CFR 1.172 Interest);
`Michael J. Rojas, North Canton, OH;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`worksto encourage andfacilitate business investment. To learn more about why the USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`
`IR103 (Rey. 10/09)
`
`3
`
`

`

`
`
`
`Application Number
`14224125
`
`
`Filing Date
`2014-03-25
`INFORMATION DISCLOSURE First Named Inventor|Michael J. Rojas
`
`
`STATEMENT BY APPLICANT |.
`|
`
`
`
`
`(Not for submission under 37 CFR 1.99)
`
`Examiner Name
`
`Attorney Docket Number
`
`| EMP0025-US
`
`
`
`
`
`
`
`
`
`14
`
`20040224678
`
`Ai
`
`2004-11-11
`
`Dahod et al.
`
`Entire document
`
`
`
`15
`
`20040014456
`
`Al
`
`2004-01-22
`
`Vaananen
`
`16. d

`L,
`Change(s) applic
`toLde men
`
`JMET
`2/28/2015 17
`
`20100070275
`
`Al
`
`Cast
`March 18, 2010
`
`20040179092
`
`Al
`
`2004-09-16
`
`LaPoint
`
`18
`
`20040085456
`
`Al
`
`2004-05-06
`
`Kwag et al.
`
`19
`
`20040223599
`
`Al
`
`2004-11-11
`
`Bearetal.
`
`20
`
`20050117591
`
`Al
`
`2005-06-02
`
`Hurtta et al.
`
`21
`
`20130279681
`
`Al
`
`2013-10-24
`
`Entire document
`
`Entire document
`
`Entire document
`
`Entire document
`
`Entire document
`
`Entire document
`
`Entire document
`
`
`
`22
`
`20120275452
`
`Al
`
`2012-11-01
`
`Entire document
`
`If you wish to add additional U.S. Published Application citation information please click the Add button. Add
`FOREIGN PATENT DOCUMENTS
`Remove
`
`Nameof Patentee or
`Pages,Columns,Lines
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`Examiner] Cite|Foreign Document Kind|PublicationCountry where Relevant
`Code? j
`npplicant¢f cited
`Passages or Relevant
`Number?
`Initial*
`
`Figures Appear
`
`EFS Web 2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/C.S//
`
`4
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`INSTRUCHONS: ‘This form should be used for transmitting the ISSUE KEE and PUBLICATION FEE(if required). Blocks 1
`through 5 should be completed where
`ppropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`Adicated 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 feenotifications.
`Note: A certificate of mailing
`can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate 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 Kee(s) ‘lransmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(epositor's name)
`(Signature)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`7590
`67050
`KASHA LAW LLC
`14532 Duficf Mill Road
`North Potomac, MD 20878
`
`02/24/2015
`
`(Date)
`
`
`
`03/25/2014
`14/224.125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`MichaelJ. Rojas
`
`EMP0025-US
`
`5407
`
`
`
`ENTITY STATUS PUBLICATION FEE DUE|PREV. PAID ISSLE FEBISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`
`
`
` APPLN. TYPE
`
`
`nonprovisional
`
`SMATT.
`
`$480
`
`$480
`
`05/26/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`SMITH, CREIGHTON H
`
`2656
`
`370-352000
`
`2. For printing on the patent front page,list
`1. Change,of correspondenceaddress orindication of "Fee Address" (37
`CFR 1.363).
`(1) The names of upto 3 registered patent attorneys
`LY Changeof correspondenceaddress (or Change of Correspondence
`or agents OR,alternatively,
`Address foorm PTO/SB/122) attached.
`
`(2) The nameofa single firm (having as a member a 2KellyL.Kasha_
`registered attorney or agent) and the names of up to
`L] "Fee Address"indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attorncys or agents. If no namcis
`3 Kasha Law LLC
`listed, no namewill be printed.
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(print or type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation asset forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`
`
`
`
`
`
`1John R. Kasha
`
`
`Austin, TX
`Empire IP LLC
`Please check the appropriate assignee categoryor categories (will not be printed on the patent) :
`CW individual Ed Corporation or other private group entity (J Government
`
`Aa. ‘The following fee(s) are submitted:
`Ral Issue Fee
`LY Publication Fee (No small entity discount permitted)
`LY Advance Order - # of Copies
`
` LJ Applicant changing to regular undiscounted fee status.
`
`5. Change in Entity Status (from status indicated above)
`LJ Applicantcertifying micro entity status. See 37 CFR 1.29
`
`LJ Applicantasserting small entity status. See 37 CFR 1.27
`
`4b. Paymentof Kee(s): (Pleasefirst reapply any previously paid issue fee shown above)
`LL A checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`EJ The directoris herebyauthorized to charge the required fee(s), any deficiency, or credits any
`
`overpayment, to Deposit Account Number
`4075 (enclose an extra copy of this form).
`
`
`
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted atthe 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 mustbe signed in accordance with 37 CER 1.31 and 1.33. See 37 CFR 14 for signature requirements and certifications.
`
`Authorized Signature
`
`
`/Kelly L. Kasha/
`Date
`02/26/2015
`
`Typed orprinted name Kell
`L. Kasha
`Registration No.
`47 L 743
`
`PLOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB0651-0033
`
`U.S. Patentand ‘Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`5
`
`5
`
`

`

`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`25-Mar-2014
`
`Title of Invention:
`
`System and Method for Instant VoIP Messaging
`
`Utility Appl Issue Fee
`
`Sub-Total in
`.
`|
`USD(S)
`Amount
`Quantity
`Fee Code
`Description
`
`
`Michael J. Rojas
`First Named Inventor/Applicant Name:
`
`Filer:
`John Kasha
`
`Attorney Docket Number:
`
`EMP0025-US
`
`Filed as Small Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`Basic Filing:
`
`Claims:
`
`Miscellaneous-Filing:
`
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`
`
`6
`
`

`

`
`
`
`
`
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Sub-Total in
`Fee Code Quantity AmountDescription USD(S)
`
`Total in USD ($)
`
`
`
`7
`
`

`

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

`

`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`
`
`File Listing:
`
`
`
`Document
`
`sige
`
`the application.
`
`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 componentsfor
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receiptwill establish the international filing date of
`
`Pages|Thumper’|DecumentDescription|FileName Message Digest Part/.zip (ifappl.)
`
`File Size(Bytes)/
`
`Multi
`
`Issue Fee Payment (PTO-85B)
`
`EMP0025-US_iss_fee_trans.pdf 6a04321bU1Ue/4ec2268bd36ebe06f64814
`beaf3
`
`Information:
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`a9hf4776aNdd59e12h37701627ebf1d9a67]
`293e8
`
`Information:
`
`Total Files Size (in bytes) 120271
`
`This AcknowledgementReceipt evidences receipt on the noted date by the USPTO ofthe 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 componentsfor a filing date (see 37 CFR
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`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
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`9
`
`

`

`
`
`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 ALLOWANCEAND FEE(S) DUE
`
`_
`
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`EXAMINER
`
`SMITH, CREIGHTON H
`
`2656
`
`DATE MAILED: 02/24/2015
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`03/25/2014
`14/224,125
`TITLE OF INVENTION:System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMP0025-US
`
`5407
`
`
`
`
`
`
`
`
`
`
`
`APPIN. TYPR PUBLICATION FER DUP.|PREV. PAID ISSUE FRRENTITY STATUS ISSTTF FRE DUR TOTAT. FER(S) DUE DATE DUR
`
`
`
`nonprovisional
`
`SMALL
`
`$480
`
`$480
`
`05/26/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCEAS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. TIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CER 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.
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`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 FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THEISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUSshownabove.If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
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`For purposesof this noticc, small entity fecs are 1/2 the amount of undiscountcd fees, and micro entity fees are 1/2 the amountof small cntity
`fees.
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`I. PART B - FEE(S) TRANSMITTAL,or its equivalent, must be completed and returned to the United States Patent and Trademark Office
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`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur dueto the difficulty in recognizing
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`I. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEEunlessadvisedto the contrary.
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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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`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of 3
`
`10
`
`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.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`INSTRUCHONS: ‘This form should be used for transmitting the ISSUE KEE and PUBLICATION FEE(if required). Blocks 1
`through 5 should be completed where
`ppropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`Adicated 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 feenotifications.
`Note: A certificate of mailing
`can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate 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 Kee(s) ‘lransmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(epositor's name)
`(Signature)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`7590
`67050
`KASHA LAW LLC
`14532 Duficf Mill Road
`North Potomac, MD 20878
`
`02/24/2015
`
`(Date)
`
` APPLICATION NO.
`
`03/25/2014
`14/224.125
`TITLE OF INVENTION: System and Method for Instant VoIP Messaging
`
`Michael J. Rojas
`
`EMP0025-US
`
`5407
`
`FILING DATE
`
`FIRS’) NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`
`
`
` APPLN. TYPE
`
`
`
`
`ENTITY STATUS PUBLICATION FEE DUE|PREV. PAID ISSLE FEBISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMATT.
`
`$480
`
`$480
`
`05/26/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`SMITH, CREIGHTON H
`
`2656
`
`370-352000
`
`2. For printing on the patent front page,list
`1. Change,of correspondenceaddress orindication of "Fee Address" (37
`CER 1.363).
`(1) The names of upto 3 registered patent attorneys
`LY Changeof correspondenceaddress (or Change of Correspondence
`or agents OR,alternatively,
`Address foorm PTO/SB/122) attached.
`(2) The nameof a single firm (having as a member a
`registered attorney or agent) and the names of up to
`L] "Fee Address"indication (or "Fee Address" Indication form
`2 registered patent attorneys or agents. If no nameis
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`listed, no namewill be printed.
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA 'TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation asset forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`2
`3
`
`
`
`
`
`Please check the appropriate assignee categoryor categories (will not be printed on the patent) :
`
`(CW individual LI Corporation or other private group entity (J Government
`
`Aa. ‘The following fee(s) are submitted:
`LB issue Fee
`LY Publication Fee (No small entity discount permitted)
`LY Advance Order - # of Copies
`
` LJ Applicant changing to regular undiscounted fee status.
`
`5. Change in Entity Status (from status indicated above)
`LJ Applicantcertifying micro entity status. See 37 CFR 1.29
`
`LJ Applicantasserting small entity status. See 37 CFR 1.27
`
`4b. Paymentof Kee(s): (Pleasefirst reapply any previously paid issue fee shown above)
`LIA check is enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_] The directoris herebyauthorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted atthe 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 mustbe signed in accordance with 37 CER 1.31 and 1.33. See 37 CFR 14 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Typed or printed name
`
`Authorized Signature
`
`PLOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB0651-0033
`
`U.S. Patentand ‘Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`11
`
`11
`
`

`

`
`
`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.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`14/224,125
`
`03/25/2014
`
`MichaelJ. Rojas
`
`EMP0025-US
`
`5407
`
`|
`02/24/2015
`
`7590
`67050
`KASHA LAW LLC
`14532 Dufief Mill Road
`North Potomac, MD 20878
`
`SMITH, CREIGHTON H
`
`2656
`
`DATE MAILED: 02/24/2015
`
`Determination of Patent Term Adjustment under35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)G)
`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.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`12
`
`12
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and
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`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The informationis required to obtain
`or retain a benefit by the public whichis to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CI'R 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to 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, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS ‘TO THIS ADDRESS. SEND 10: Commissioner for Patents, P.O. Box
`1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to
`respondto a collection of information unless it displays a valid OMB control number.
`
`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
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`proceedings or abandonmentofthe application or expiration of the patent.
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`The information provided by you in this form will be subjectto 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. Arecord 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
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`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
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`5. A record related to an International Application filed under the Patent Cooperation‘lreaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuantto 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.
`Suchdisclosure shall not be used to make determinations about individuals.
`8. A record fromthis 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 wasfiled 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 becomesaware ofa violation or potential violation of law or regulation.
`
`13
`
`13
`
`

`

`
`
`Applicant(s) 14/224,125Application No. ROJAS, MICHAEL J.
`
`Notice of Allowability ArtUnit|FiestasExaminerSMITE
`
`
`No
`
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) GLOSED in this application.
`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 GRANTOF PATENT RIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. J This communication is responsive to amendment filed on 06 FEB ’15.
`C A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. J An election was made by the applicant in responseto a restriction requirementset forth during the interview on
`requirement and election have been incorporatedinto this action.
`
`; the restriction
`
`3. i] The allowed claim(s) is/are 2-4,6-10 and 12-30. As a result of the allowed claim(s), you maybe eligible to benefit from the Patent
`Prosecution Highwayprogram at a participating intellectual property office for the corresponding application. For more information,
`
`please see hitoy/www. uspio.gov/patents/init events/sph/index.isg or send an inquiry to PPHieedpack@uspto.gov .
`
`4. [J Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (Ff).
`Certified copies:
`‘*c) (] None ofthe:
`a)O All
`b)[)Some
`1. [1 Certified copiesof the priority documents have been received.
`2. C1] Certified copies of the priority documents have been received in Application No.
`3. J Copiesofthe certified copies of the priority documents have been

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