U.S. DEPARTMENT GF COMME!
`144)
`(REV. 7-80) PATENT AND TRADEMARK OFFICE
`
`ne
`
`Atty. Docket No. (Optional)
`
`Application Number
`
`Sheet 2 of 2
`
`INFORMATION DISCLOSURE CITATION
`
`17188Z
`
`(Use several sheets ifnecessary)
`
`Applicant(s)
`Michael Rojas
`Filing Date
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`U.S. PATENT DOCUMENTS
`
`CLASS
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`SUBCLASS
`
`FILING DATE
`(if appropriate)
`
`ia
`
`cy
`
`FOREIGN PATENT DOCUMENTS
`
`considered, Include copy of this form with next communication to applicant.
`
`
`
`
`
`DOCUMENT NUMBER CLASS|SUBCLASS TRANSLATION
`
`OTHER DOCUMENTS(including Author, Title, Date, Pertinent Pages, Etc.)
`
`hitp://www.hsteliann.com/english/?zone=3 100-V21P; “Teliphone 3100-V21P”, 2003;
`
`
`http://www.linuxdevices.com/articles/AT5199947519.html; “Device Profile: snom 100 VoIP
`phone”, (May 15, 2002);
`
`http://www.pingtel.com/pr
`December 8, 2003: and
`
`xpressa.jsp; “No limits with the advanced industry standard SIP phone,
`
`AudioCoded Enabling Technology Products, TPM-1100 VoP Media Gateway Modules; 2003.
`
`1 0/26/2071 1
`DATE CONSIDERED
`iCreig hton Smith/
`EXAMINER
`* EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609; draw line through citation if net in conformance and not
`
`J;\Work\ 17324171 88Z\MISC\1449doc
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/C.S./
`
`101
`
`101
`
`

`

`EAST Search Pistory
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`EAST Search History
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`‘{((@ad<="20031218") or
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`
`|
`
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`‘(((@ad<="20031218") or
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`
`((@ad< ="20031218") or
`‘(@rlad<="20031218")) and (instant adj
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`
`((@ad<="20031218") or
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`‘|((@ad<="20031218") or
`4(@rlad<="20031218")) and (instant adj
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`1((@ad<="20031218") or
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`eaer ("20030002658")).PN.
`
`file:///Cl/Users/esmith 1/Documents/e-Red% 20Polder/12398076/EASTSearchHistory.12398076_AccessibleV ersion.htm[ 10/27/2011 9:41:25 AM]
`102
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`

`EAST Search History
`
`‘l((@ad< ="20031218") or
`(@rlad<="20031218")) and (instant adj
`voice adj (messag$3 or mail)) and (packet
`or ip or voip or internet)
`
`‘I((@ad<="20031218") or
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`
`Bf
`
`:
`
`ip011/ 10/06
`16:33
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`10/27/2011 9:41:15 AM
`C:\ Users\ csmith1\ Documents\ EAST\ Workspaces\ 12-154888.wsp
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`file:///Cl/Users/esmith L/Documents/e-Red% 20Polder/12398076/LASTSearchHistory.12398076_AccessibleV ersion.htm[ 10/27/2011 9:41:25 AM|
`103
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`Doc Code:DIST.E.FILE
`Document Description: Electronic Terminal Disclaimer- Filed
`
`PTO/SB/26
`U.S, Patent and Trademark Office
`Department of Commerce
`
`Electronic Petition Request
`
`TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING REJECTION OVER A
`“PRIOR” PATENT
`
`
`
`
`
`Application Number 12398076
`
`Filing Date
`
`04-Mar-2009
`
`First Named Inventor
`
`Michael Rojas
`
`Terminal disclaimer fee under 37 CFR 1.20(d)is included with Electronic Terminal Disclaimer request.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term of any patent granted on the instant
`application that would extend to the expiration date ofthe full statutory term of the prior patent, "as the term ofsaid prior patent
`is presently shortened by any terminal disclaimer,” in the event that said prior patentlater:
`- expires for failure to pay a maintenance fee;
`- is held unenforceable;
`- is found invalid by a court of competentjurisdiction;
`- is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`- has all claims canceled by a reexamination certificate;
`- is reissued; or
`- is in any mannerterminated prior to the expirationofits full statutory term as presently shortened by any terminal disclaimer.
`
`
`
`Attorney Dacket Number 171882
`
`Title of Invention
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`
`
`my
`
`Filing ofterminal disclaimer does not obviate requirement for response under 37 CFR 1.111 to outstanding
`Office Action
`
`[] This electronic Terminal Disclaimeris not being used for a Joint Research Agreement.
`
`Percent Interest
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`Ayalogic,Inc.
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`The owner(s) with percentinterestlisted above in the instant application hereby disclaims, except as provided below,the
`terminal part of the statutory term of any patent granted on the instant application which would extend beyond the expiration
`date of the full statutory term of prior patent number(s)
`
`7535890
`
`as the term ofsaid prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period thatit and the prior patent are commonly
`owned. This agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors
`or assigns.
`
`(@)
`
`104
`
`104
`
`

`

`| certify, in accordance with 37 CFR 1.4(d)(4), that the terminal disclaimer fee under 37 CFR 1.20(d)
`required for this terminal disclaimer has already been paid in the above-identified application.
`
`
`Applicant claims SMALL ENTITY status, See 37 CFR 1.27.
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`Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
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`Applicant(s) status remains as SMALL ENTITY.
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`THIS PORTION MUST BE COMPLETED BY THE SIGNATORY OR SIGNATORIES
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`| certify, in accordance with 37 CFR 1.4(d)(4) that | am:
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`An attorney or agent registered to practice before the Patent and Trademark Office whois of record in
`this application
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`Registration Number 30749
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`A sole inventor
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`A joint inventor; | certify that | am authorized to sign this submission on behalf ofall of the inventors
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`A joint inventor; all of whom are signing this request
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`The assignee of record ofthe entire interest that has properly madeitself of record pursuant to 37 CFR 3.71
`
`re a _
`
`Name
`Paul J. Esatto, Jr.
`
`*Statement under 37 CFR 3.73(b) is requiredif terminal disclaimeris signed by the assignee (owner).
`Form PTO/SB/96 may be used for making this certification. See MPEP § 324.
`
`105
`
`105
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`

`

`Electronic Patent Application Fee Transmittal
`
`
`
`Application Number: 12398076
`
`
`
`Filing Date: 04-Mar-2009
`
`Title of Invention:
`
`SYSTEM AND METHOD FORINSTANTVoIP MESSAGING
`
`
`
`First Named Inventor/Applicant Name:
`
`Michael J. Rojas
`
`
`
`Attorney Docket Number: 17188Z
`
`Filed as Small Entity
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`
`Post-Allowance-and-Post-Issuance:
`
`
`106
`
`106
`
`

`

` .
`
`Sub-Total in
`
`2
`
`Miscellaneous:
`
`
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`
`Total in USD (5) 80
`
`107
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`107
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`Dac Code: DISQ.E.FILE
`Document Description: Electronic Terminal Disclaimer —- Approved
`
`Application No. 12398076
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`
`Rojas et al.
`
`Electronic Terminal Disclaimer filedon
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`February 1, 2012
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`x APPROVED
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`This patentis subject to a terminal disclaimer
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`108
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`108
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`

`Electronic Acknowledgement Receipt
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`
`Application Number: 12398076
`
`International Application Number:
`
`Confirmation Number:
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`Title of Invention:
`
`SYSTEM AND METHOD FORINSTANTVoIP MESSAGING
`
`
`
`First Named Inventor/Applicant Name:
`
`Michael J. Rojas
`
`
`
`Customer Number: 23389
`
`Seth Weinfeld/Roseann Gallo
`Filer:
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`Receipt Date: O1-FEB-2012
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`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
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`a8eacedeszachibeyfbSabs|4facda%aa8s ||
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`This AcknowledgementReceipt evidences receipt on the noted date by the USPTOof the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar toa
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`110
`
`110
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s): Michael J. Rojas
`
`Examiner:
`
`Creighton H. Smith
`
`Serial No:
`
`12/398.076
`
`Art Unit:
`
`2614
`
`Filed:
`
`For:
`
`March 4, 2009
`
`Docket:
`
`171882
`
`SYSTEM AND METHODFOR INSTANTVoIP MESSAGING
`
`Conf. No.
`
`9373
`
`Dated:
`
`February |, 2012
`
`Commissioner for Patents
`P. O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT UNDER37 C.F.R. § 1.111
`
`Sir:
`
`In response to the Office Action dated November 1. 2011, please amendthe above-
`
`identified application as follows:
`
`Amendmentto the Claimsare reflected in the listing of claims which begins on page 3
`
`of this paper.
`
`Remarks/Arguments begin on page 6.
`
`111
`
`111
`
`

`

`
`
`IN THE CLAIMS
`
`This version and listing of the claims, replaces and supercedes,all prior versionsand listing
`
`of the claims.
`
`1. (Cancelled)
`
`2. (Currently Amended) A methodfor instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating |[the]]an instant yoice message, wherein generating includes recording
`
`the instant voice messagein an audiofile and attaching one or morefiles to the audiofile:
`
`transmitting the instant voice message having one or more recipients:
`
`receiving an instant voice message whena recipient is available: and
`
`receiving a temporarily stored instant voice message whena recipient becomes
`
`available, wherein the instant voice message is temporarily stored whenatleast one recipientis
`
`unavailable.
`
`3. (Currently Amended) A methodfor instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`receiving a list of nodes within the packet-switched network,the list of nodes
`including a connectivity status of each node, said connectivity status being available and
`
`unavailable, wherein a node within the list is adapted to be selected as a recipientof an instant
`
`voice message;[[and]]
`
`displaying saidlist of nodes;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message when a recipient is available: and
`
`Us\work\L732\171 88Z\AMEND\171882.am doc
`
`112
`
`112
`
`

`

`
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`available, wherein the instant voice message is temporarily stored whenat least one recipientis
`
`unavailable.
`
`4. (Currently Amended) A methodfor instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating[[the]]an instant voice message; and
`
`controlling a method ofgenerating the instant voice message based upon a
`
`connectivity status each efsaid-one-ormore recipient;
`
`transmitting the instant voice message having one or more recipients:
`
`receiving an instant voice message whena recipientis available: and
`
`receiving a temporarily stored instant voice message whena recipient becomes
` available, wherein the instant voice message is temporarily stored whenat least one recipientis
`
`unavailable,
`
`5. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 4, wherein said method ofgenerating said instant voice message is selected from a group
`
`comprising a record mode and an intercom mode.
`
`6. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said record mode is selected as a default whenat least one recipientis
`
`unavailable.
`
`7. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said intercom modeis selected as a default when said one or more recipients are
`
`available.
`
`&. (Original) The method for instant voice messaging over a packet-switch network accordingto
`
`claim 5, wherein said record mode comprisesthe stepsof:
`
`H:\work\] 732\ 171 88Z\AMEND\I7 1882.1 1 doe
`
`113
`
`113
`
`

`

`recording the instant voice message;
`
`generating a stop indicator; and
`
`transmitting the recorded instant voice message after the generation ofsaid stop
`
`indicator.
`
`9. (Original) The methodfor instant voice messaging over a packet-switch network according to
`claim 5, wherein said intercom mode comprises the steps of:
`buffering each of a plurality of successive portions ofthe instant voice as the
`instant message is recorded:
`
`transmitting from each successive buffered portion; and
`delivering each successive portion to the recipients wherein the recipients audibly
`playing each successive portionasit is delivered,
`
`10. (Original) The methodfor instant voice messaging over a packet-switch network according
`to claim 8, wherein said stop indicator is generated after a lapse of a preset period oftime
`without receiving an audio input.
`
`11. (Original) The method for instant voice messaging over a packet-switch network according
`to claim 8, wherein said stop indicator is generated whena sensor detects that a recording device
`is in a predeterminedposition.
`
`12, (Original) The method for instant voice messaging over a packet-switch network according
`to claim 10, further comprising:
`
`detecting an audio input: and
`
`determining whensaid audio input has stopped.
`
`(Currently Amended) The methodfor instant voice messaging over a packet-
`13.
`switch network according to claim [[1]]3, further comprising:
`displaying an indication that an instant voice message has been received: and
`playing the instant voice message.
`
`Ho\work\] 732\17 1882,AMEND\I71882.am1.doc
`
`114
`
`114
`
`

`

`(Currently Amended) The methodfor instant voice messaging over a packet-
`14.
`switch network according to claim 2, further comprising:
`displaying an indication that an instant voice message has been received:
`separating the instant voice messageinto [[the]]an audiofile and [[the]] one or
`
`morefiles: and
`
`playing the audiofile.
`
`(Original) The method for instant voice messaging over a packet-switch network
`15.
`according to claim 8, further comprising:
`
`receiving a record start signal,
`
`(Original) The methodfor instant voice messaging overa packet-switch network
`16.
`according to claim 15, wherein said recordstart signal is an audiosignal.
`
`Ee \work\!732\17 1 88Z\AMEND\L71882.am | doc
`
`115
`
`115
`
`

`

`REMARKS
`
`Applicant respectfully submits this Amendment in reply to the Official Action dated
`
`November 1, 2012. Applicant submits that the Amendmentis fully responsive to the Official
`
`Action for at least the reasons set forth herein.
`
`At the onset, Applicant would like to thank the Examinerfor indicating that claims 2-12
`
`and 14-16 have allowable subject matter and would be allowed if rewritten in independentform.
`
`Accordingly, claims 2-4 have been rewritten in independent form. Claim 1 has been
`
`cancelled without prejudice. Claim 13 has been amended for consistency. Applicant also notes
`
`that claim 14 has been amended.
`
`Claims | and 13 were rejected under 35 U.S.C. § 102(e) as allegedly anticipated by
`
`DePietro et al., U.S. Pat. Pub. 2008/0298309.
`
`Without acquiescingto the propriety of the rejections or the Examiner's interpretation of
`
`the cited references, and to expedite prosecution, claims 2-4 were amendedinto independent
`
`form. Thus, Applicant submits that the rejection is moot in viewofthe above-identified
`
`amendment. Withdrawalofthe rejectionis respectfully requested.
`
`Claims 1-10 were rejected based upon a non-statutory obviousness-type double patenting
`
`rejection. The Examiner cites U.S. Patent No, 7.535.890 (the ‘890 Patent) in the rejection,
`
`Without acquiescing to the propriety ofthe rejection, Applicant submits a terminal disclaimer
`
`herewith.
`
`Lastly, Applicantnotes that the Examiner failed to consider oneofthe referencescited in
`
`the Information Disclosure Statement. However, the Examiner failed to provide a reason,
`
`Applicant respectfully requests that the Examiner consider the reference,
`
`H\work\1732\1 71 88Z\AMEND\171882.am 1.doc
`
`116
`
`116
`
`

`

`
`
`Based upon the foregoing, Applicant respectfully submits that the application is in
`
`condition for allowance and henceforth solicits a Notice of Allowability. Should the Examiner
`
`feel that a telephone interview would expedite the allowanceofthe application; the Examineris
`
`kindly requested to contact the undersigned.
`
`Respectfully submitted.
`
`/Seth Weinfeld/
`
`Seth Weinfeld
`Registration No. 50,929
`
`Scully, Scott, Murphy & Presser
`400 Garden City Plaza
`Garden City, New York 11530
`(516) 742-4343
`
`SW:reg
`
`LE \work\1732\171882\AMEND\1 71882. am 1.doe
`
`117
`
`117
`
`

`

`AMENDMENT TRANSMITTAL LETTER(Large Enti
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Title of Invention
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`
`
`
`
`171882|CustomerNumber____[23389
`
`Transmitted herewith is an amendmentin the aboye-identified application.
`Thefee has been calculated and is transmitted as shown below
`
`iously
`
`xtr:
`
`a3
`
`516-742-4366 Fax
`
`For the above-identified deposit account the Direetor is hereby authorized to: (check all that apply)
`Charge the fee(s) set forth
`Charge any additionalfiling fees required under 37 C.F.R. §1.16
`Charge any patent application processing fees under 37 C.F,R. §1.17
`Credit any overpayments
`
`aeeeee|
`|rorancuaims|15-]20=]|860.00|$0.00
`PromTa{3[0[sesnoo|sm
`TOTAL INDEP.
`=
`r
`
`i
`
`ini
`
`i
`
`TOTAL ADDITIONAL FEE FOR THIS AMENDMENT
`Method of Payment
`L] Other
`
`Check
`Credit Card (Form PTO-2038 attached)
`Deposit Account #
`19-1013
`
`
`
`CERTIFICATION OF ELECTRONIC FILING
`I hereby certify that this correspondence is being deposited with the United States Patent and Trademark
`Office via Electronic Filing through the United States Patent and Trademark Office e-business website on the
`date shown below.
`
`Dated:
`
`February 1, 2012
`
`50,929
`Registration No.
`SCULLY, SCOTT, MURPHY & PRESSER, P.C.
`400 Garden City Plaza, Suite 300
`Garden City, NewYork 11530
`516-742-4343 Telephone
`
`118
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`Electronic Acknowledgement Receipt
`
`pee
`
`
`
`Application Number: 12398076
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR INSTANTVoIP MESSAGING
`
`
`
`First Named Inventor/Applicant Name:
`
`Michael J. Rojas
`
`
`
`Customer Number: 23389
`
`Seth Weinfeld/Roseann Gallo
`Filer:
`
`
`Filer Authorized By:
`
`Seth Weinfeld
`
`
`
`Receipt Date: O1-FEB-2012
`
`
`
`Filing Date: 04-MAR-2009
`
`Time Stamp:
`
`17:03:30
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Paymentinformation:
`
`
`Submitted with Payment
`
`
`
`Number
`Document
`File Size(Bytes)/
`
`
`
`DocumentDescription
`File Name
`
`
`Message Digest (ifappl.) Part /.zip|
`
`
`579912
`
`
`17188Z_AM1.pdf SbASISe Meicd IG2Ae /4boDeL? loth
`Sole
`
`
`119
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`119
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`

`

`Multipart Description/PDFfiles in .zip description
`
`DocumentDescription
`
`Amendment/Req. Reconsideration-After Non-Final Reject
`
`Applicant Arguments/Remarks Made in an Amendment
`
`
`Miscellaneous Incoming Letter
`
`
`Warnings:
`Information:
`
`Total Files Size (in bytes)
`
`579912
`
`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 evidenceof receipt similar toa
`Post Card, as described in MPEP 503.
`
`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
`
`New Applications Under 35 U.S.C.111
`If a new application is being filed and the application includes the necessary componentsforafiling 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 onthis
`Acknowledgement Receiptwill 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/EO/903indicating acceptance of the application asa
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
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`PATENT APPLICATION FEE DETERMINATION RECORD|Avvlcation or Docket Number [Filing Date
`
`Substitute for Form PTO-875 03/04/2009|[1] Tebe Mailed12/398,076
`
`
`
`(Column 2)
`SMALL ENTITY [KX]
`NUMBER EXTRA
`RATE (8)
`FEE ($)
`) =
`NIA
`_—!
`WA
`NA
`
`OR
`
`OTHER THAN
`SMALL ENTITY
`(S)
`RATE (S$
`
`APPLICATION AS FILED — PART |
`(Column 1)
`NUMBER FILED
`
`FOR
`
`LJ sasic Fee
`S7UCFER 1, 16{a),
`
`(b), of (c))
`
`fi}, or (my)
`a7 Cer 116(K),
`(J) EXAMINATION FEE
`
`TOTAL GLAIMS
`
`INDEPENDENT CLAIMS
`a7 CFR 1,16(h))
`
`Oo
`
`sige
`renetee SIZE FEE
`'
`(s))
`
`NIA
`
`5
`
`:
`minted =
`Ifthe specification and drawings exceed 100
`sheets of paper, the application size fee due
`is $250 ($125 for small entity) for each
`additional 50 sheets or fraction thereof. See
`35 U.S.C. 41(a)(1)(G) and 37 CFR 1, 16(s).
`
`:
`
`XS
`
`<=
`F
`
`CT] MULTIPLE DEPENDENT CLAIM PRESENT(37 CFR 1,16()))
`* if the difference in column 1 is less than zero, enter “O" in column 2.
`
`APPLICATION AS AMENDED = PARTII
`
`OTHER THAN
`
`(Column 4}
`(Column 2)
`CLAIMS
`HIGHEST
`REMAINING
`NUMBER
`AFTER
`PREVIOUSLY
`AMENDMENT
`PAID FOR
`16Pre[20
`a
`dent
`‘
`
`PTO/SB/06 (07-06)
`Approved tor use through 1/31/2007, OMB 0651-0032
`U.S, Patent and Trademark Office; LS. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection ol information unless it displays a valid OMB control number.
`
`The “Highest Number Previously Paid For’ (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`(Galumn 3)
`
`ADDITIONAL
`FEE ($)
`
`SMALL ENTITY
`
`ADDITIONAL
`FEE (3)
`
`02/01/2012
`
`a [
`
`_] apolication Size Fee (37 GFR 1.16(s))
`
`EK
`
`2i2o
`
`O2i==
`
`O FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1_16i)))
`
`{Column 1)
`GLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`{Column 3)
`
`ADDITIONAL
`FEE ($)
`
`ADDITIONAL.
`FEE ($)
`
`Total (37. CFR
`146 fi))
`independent
`37 CFR 1 i6ih
`
`[] Application Size Fee (87 GFR 4.18(s))
`
`CT] FIRST PRESENTATION OF MULTIPLE DEPENDENT GLAIM (37 GFR 1.16(j))
`
`AMENDMENT
`
`* lf the entry in column 1 is less than the entry in calumn2, wrile “O" in column 3.
`Ifthe “Highest Number Previously Paid For” IN THIS SPACEisless than 20, enter*20",
`*** If the “Highest Number Previously Paid For IN THIS SPACEis less than 3, enter “3”.
`
`Legal Instrument Examiner:
`/TON! HAKIM/
`
`This collection of information is tequired by 37 CFR 1.16. 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 GFR 1.14. This collection [s estimated to take 12 minutes 1o 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 amountof lime 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, US
`Department of Commerce, P.O, Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2
`
`121
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`

`
`
`
`
`ISSUE FEE DUE PUBLICATIONFEE DUE|PREV. PATDISSUE FEE|TOTAL FEE(S) DIE DATE DUE
`
` SMALL ENTITY
`
` Untrep STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O, Box 1450
`Alexandria, Virginia 22313-1450
`wwdlsplo.goy
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`23389
`
`7500)
`
`02/16/2012
`
`SCULLY SCOTT MURPHY & PRESSER, PC
`400 GARDEN CITY PLAZA
`SUITE 300
`GARDENCITY, NY 11530
`
`ART UNIT
`
`264
`
`PAPER NUMBER
`
`DATE MAILED: 02/16/2012
`
`APPLICATION NO,
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`03/04/2009
`[2/398 076
`Michael J, Rojas
`TITLE OF INVENTION: SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`171887,
`
`9373
`
`EXAMINERhalSMITH, CREIGHTON H
`
`nonprovisional
`
`5870
`
`3300
`
`30
`
`S1170
`
`05/16/2012
`
`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 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 MPEP1308.
`
`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
`=B:
`5ad
`RY
`PE
`cA
`‘T
`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,
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`a BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`UE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`Ifthe 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 VEE shown above, or
`
`If the SMALL ENTITYis shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shownabove, or
`
`B. If applicant claimed SMALL ENTITYstatus before, or is now
`claiming SMALL ENTITY status, cheek box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE(if required) and 1/2
`the [ISSUE FEE shown above.
`
`IL. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and ‘Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. [fan equivalent of Part B ts filed, a
`request to reapply a previously paid issuc fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`Il]. All communications regarding this application must give the application number, Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. [t is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev_ (2/11)
`
`Page | of 3
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`

`PARTB - 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
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE PEE and PUBLICATION DEE (if required), Blocks 1
`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 (Note: Use Block | for any change of address)
`
`QIWIG2012
`F500)
`23389
`SCULLY SCOTT MURPITY & PRESSER. PC
`1
`¥
`rs
`400 GARDEN CITY PLAZA
`SUITE 300
`GARDENCITY, NY 11530
`
`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 Pee(s) Transmittal is being deposited with the United
`States Postal Service: with sufficient postage for first class mail in an envelope
`addressed to the Mail ne ISSUE FEE address above. or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depesitor's oamne)
`
`
`
`(Date)
`
`APPLICATION NO,
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO_
`
`
`
`Michael J, Rojas
`03/04/2009
`[2/398 076
`TITLE OF INVENTION: SYSTEM