`(REV, 7-80) M
`
`us. 1)!!an 0F commence
`AND unaware: omce
`
`-
`Atty. Docket No. (Opfional)
`
`INFORMATION DISCLOSURE CITATION
`
`17 I382
`
`Sheet 2 of 2
`
`Applicatiam Number
`
`{Use Several sheets {Necessary}
`
`Applicantfs)
`Michael Ro'as
`Filing Date
`
`Group Art Unit
`
`DDCUM EN'I‘ NUMBER
`
`DATE
`
`NAME
`
`CLASS
`
`SUBCLASS
`
`U.S. PATENT DOCUMENTS
`
`FILING DATE
`(if appropriate)
`
`EXAMINER
`IN]TIAL“'
`
`EEEI
`
`
`
`W
`
`DOCUMENT NUMBER
`
`COUNTRY
`
`CLASS
`
`SUBCLASS
`
`'I‘RANSI ATION
`
`FOREIGN PATENT DOCUMENTS
`
`-n
`
`OTHER DOCUIVIENTS flyicluding Author, Title, Date, Pertinent Pages, Etc.)
`
`ht
`
`:Ifwwwhstelianneom/en lish!?zone=3100-V21P; “Teliphone 3100-V21P”, 2003;
`
`
`11mgz/fwwwlinuxdevioes.com/afiicles’ATS 199947519htm1; “Device Profile: snom 100 VoIP
`phone", (May 15, 2002);
`
`in el.comf
`:fa’www.
`ht
`December 8, 2003; and
`
`x ressa.'s ; “No limits with the advanced industry standard SIP phone,
`
`AudioCoded Enabling Technology Products, TPM-l 100 VoP Media Gateway Modules; 2003.
`
`103263201 1
`”A": CONSIDERED
`{Craig hton Smith!
`* EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609; (haw line through citation it not in conformance and not
`considered. Include copy of this form will: next mmmunication to applicant.
`
`l:\Work\1132‘11?138Z\3'\&ISC\1449‘duc
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LENED THROUGH.
`
`/C.S./
`
`101
`
`101
`
`
`
`EAST Search [lislnry
`
`EAST Search History
`
`EAST Search History (Prior Art}
`
`EHef Hits Search Queryr
`
`El(@ad<="20031213") or
`E(@rlad<=“20031218“)) and (Instant adj
`Evnice adj (measag$3 or mail) with (attach$3E
`0r add$3 0r afiix$3 0r connect$3 0r jnin$3)
`nEaar? (tiles or objects or documents)] and E
`(packetor inor vnip or internet)
`Ell@ad<=20031215") or
`E(@rlad<_ “20031218“)) and (instant adj
`E
`Emma adj (mefiagw or mail) same
`{attach$3 nr add$3 0r afiix$3 0r nonnact$3§
`E0r jnin$3) with (files or objects or
`=
`
`@ad<="20031218") or
`E(@rlad<="20031213")) and (instant adj
`Evnice adj (measag$3 or mail)) and nodes
`5with (available or unavailable or "not" adj
`
`Ell@ad<:"20031218") nr
`E(@r|ad<=“20031218")) and text adj
`massag$3 same nodes with (available or
`Eunavailable or "not" adj available)
`
`(@ad<="20031218") or
`E(@rlad<="20031213")} and text adj
`Emessag$3 and nodes with (available or
`unavailable or “not" adj available)
`
`E
`
`E
`
`‘
`
`Ell@ad<="20031213") nr
`E(@r|ad<="20031218")) and (instant adj
`Evnice adj (messag$3 or mail) with
`E cnnnecti$4 or status) with (recipient or
`.........................................................................................a
`alled 0r cailae})
`
`lEl@ad<:"20031218") 0r
`E(@r|ad<="20031218")) and (Instant adj
`Evnica adj (messag$3 or mail)
`Esamejnnnnenti$4 or status} with [recipient
`
`Ell@ad<="20031213“J or
`‘
`E{@rlad<=“20031218")) and (instant adj
`.
`Evoice adj (messag$3 or mail)
`Eand(dnnnecti$4 or status) with (recipient an
`
`E((@ad<:”20031218") nr
`El@riad<="20031218"}) and (instant adj
`Evnice adj (messag$3 or mail) same
`' diaplay$3 0r indica1$3) with (receiv$3 nr
`
`t
`
`;
`'
`
`;
`.
`
`;
`'
`
`;
`‘
`
`;
`‘
`
`:
`'
`
`i
`
`t
`
`3
`
`‘
`
`E
`
`3
`
`g
`
`5
`
`E201 “1097?
`gnazae
`5
`E
`
`E2011HOI27g
`E0357
`2
`
`g2011/10r27g
`E09101
`3
`E
`
`E2011i10f27g
`E09:02
`3
`
`E20111” 10/ 27E
`E09103
`‘
`
`E3011l10/27E
`E09107
`3
`E
`
`.um.mm.m.mma m“mum“.tuuma m..mmm.m‘3 ma.mumnmmam.‘‘
`
`;
`'
`
`'
`
`‘
`
`E
`
`E2011i10/27g
`E09: 10
`=
`
`3
`
`E2011/10f27g
`-
`
`E(("20050069028“)nr( 20030002658")).PNA E
`
`.
`
`3
`
`E2011x10/25g
`E11: 03
`
`tiledffleUserslcsmilh l/Dncumenlsfe—Red%2(lFolderfl2398lJ762'EASTSenrchHistory.1339807(t_AccessibleVersinn.htm[IOI’Z'HZOI] 9:41:25 AM]
`1 02
`
`102
`
`
`
`EAST Search [lislm'y
`
`E{(@ad<="20031218") or
`g(@rlad<="20031218")) and (inmam ad]
`Evoice adj (messag$3 or main) and (packet
`gar ip or vnip or internal]
`
`‘
`
`§((@ad<=..20031218..) or
`sf(@rlad<="20031213")) and (instant adj
`Eunice adj (messag$3 or mail)) and (packet
`gor ip or voip or internal) and (stor$3 or
`kept or keep$3) same (callee or called or
`
`(
`
`3
`
`-
`'
`
`'
`
`i2011i10f25§
`$1630
`5
`
`§2011x10r26§
`‘533
`
`535890“).H\I.
`
`EAST Search History (Interference)
`
`(This search history is empty:-
`
`10f 27! 2011 9:41 :15 AM
`C:\ Users\csmitl11\ Dacuments‘. EASE Workspaces\ 1 2~ 1 54BBB.wap
`
`file:l!/leUserslcsmith l/Documenlsfe—Red%2(11701derflESQSUTGJ'EASTSenrchl-Ii story.l239807(LAccessibleVm‘sion.htm[10071201] 9:41:25 AM]
`1 03
`
`103
`
`
`
`Doc Code: DIST.E.F|LE
`Document Description: Electronic Terminal Disclaimer - Filed
`
`PTO/SB/26
`US. Patent and Trademark Office
`Department of Commerce
`
`Electronic Petition Request
`
`TERMINAL DISCLAIMER T0 OBVIATEA DOUBLE PATENTING REJECTION OVER A
`”PRIOR" PATENT
`
`
`
`
`
`Application Number 12398076
`
`Filing Date
`
`04-Mar-2009
`
`First Named Inventor
`
`Michael Rojas
`
`
`
`Attorney Docket Number 171882
`
`Title of In vention
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`
`
`E Filing of terminal disclaimer does not obviate requirement for response under 37 [FR 1.1 Ii to outstanding
`Office Action
`
`E This electronic Terminal Disclaimer is not being used for a Joint Research Agreement.
`
`Percent Interest
`
`
`
`Ayalogic, Inc.
`
`The ownerls) with percent interest listed above in the instant application hereby disclaims, except as provided below, the
`terminal part of the statutory term ofany patent granted on the instant application which would extend beyond the expiration
`date of the full statutory term of prior patent nu mberls)
`
`75 35890
`
`as the term of said 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 that itand 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.
`
`In making the above disclaimer. the owner does not disclaim the terminal part ofthe term ofany patent granted on the instant
`application that would extend to the expiration date of the full statutory term ofthe prior patent, "as the term of said prior patent
`is presently shortened by any terminal disclaimer," in the event that said prior patent later.
`~ expires for failure to pay a maintenance fee,-
`, is held unenforceable;
`— is found invalid by a court ofcornpetentjurisdiction;
`— 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 manner terminated prior to the expiration ofits full statutory term as presently shortened by any terminal disclaimer.
`
`@ Terminal disclaimer fee under 37 CFR 1.20ldl is included with Electronic Terminal Disclaimer request.
`
`104
`
`104
`
`
`
`I certify, in accordance with 37 CFR 1.4(dll4l, that the terminal disclaimer fee under 37 CFR1.20[d)
`required for this terminal disclaimer has already been paid in the above-identified application.
`
`
`Applicant claims SMALL ENTITY status. See 37 CFR1.27.
`
`Applicant is no longer claiming SMALL ENTITY status. See 37 CFR1.27lg)(2l.
`
`Applica nt(s) status remains as SMALL ENTITY.
`
`O Applicantls) status remains as other than SMALL ENTITY.
`
`
`
`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
`beliefare believed to be true; and further that these statements were made with the knowledge that willful false statements and
`the like so made are punishable by fine or imprisonment. or both, under Section 1001 of Title 18 of the United States Code and
`that such willful false statements mayjeopardize the validity ofthe application or any patent issued thereon.
`
`
`THIS PORTION MUST BE COMPLETED BY THE SIGNATORY OR SIGNATORIES
`
`I certify, in accordance with 37 CFR 1.4(d)(4] that lam:
`
`@
`
`An attorney or agent registered to practice before the Patent and Trademark Office who is of record in
`this application
`
`Registration Number 30749
`
`O A sole inventor
`
`O Ajoint inventor; I certify that I am authorized to sign this submission on behalf ofall ofthe inventors
`
`O Ajoint inventor; all of whom are signing this request
`
`0 The assig nee of record of the entire interest that has properly made itselfof record pursuant to 37 CFR 3.71
`
`{PBUI J- EsattOI Jr-l
`
`Paul J. Esatto, Jr.
`Name
`
`
`*Statement under 37 CFR 3.7303) is required ifterminal disclaimer is signed by the assignee (owner).
`Form PTO/SB/96 may be used for making this certification. See MPEP § 324.
`
`105
`
`105
`
`
`
`Electronic Patent Application Fee Transmittal
`
`
`
`Application Number: 123980?6
`
`
`
`Filing Date: 04-Mar-2009
`
`Title Of Invention:
`
`SYSTEM AND METHOD FOR INSTANT VCIP MESSAGING
`
`
`
`First Named lnventorprplica nt Name:
`
`Michael J. Rojas
`
`
`
`Attorney Docket Number: 171882
`
`Filed as Small Entity
`
`Utility under 35 USC 1 1 1(a) Filing Fees
`
`Sub-Total in
`Fee Code Quantlty AmountDescrlption USDlS}
`
`
`
`
`
`
`
`
`
`
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`
`Miscellaneous-Filing:
`
`Petition:
`
`
`Patent-Appeals—a nd-Interference:
`
`Po st-Allowa nce—and—Po st—lssuance:
`
`
`Extension-of—Ti rne:
`
`106
`
`106
`
`
`
` .
`
`Su b—Total in
`
`‘
`
`Miscellanea us:
`
`
`
`
`Total in USD (5) 8°
`
`107
`
`107
`
`
`
`Doc Code: D15Q.E.F|LE
`Document Description: Electronic Terminal Disclaimer — Approved
`
`Application No.1 12393076
`
`Filing Date:
`
`04qMar—2009
`
`Applicant/Patent under Reexamination:
`
`Rajas et at
`
`Electronic Terminal Disclaimerfiled on
`
`February 1, 2012
`
`E APPROVED
`
`This patent is subject to a terminal disclaimer
`
`|:|
`
`DISAPPROVED
`
`Approved/Disapproved by: Electronic Terminal Disclaimer automatically approved by EFS-Web
`
`US. Patent and Trademark Office
`
`108
`
`108
`
`
`
`Electronic Acknowledgement Receipt
`
`
`
`Application Number: 123980?6
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR INSTANT VoIP MESSAGING
`
`
`
`First Named lnventorlApplicant Name:
`
`Michael J: Rojas
`
`
`
`Customer N um ber: 23389
`
`
`
`Filer: Seth Weinfeld/Roseann Gallo
`
`Filer Authorized By:
`
`Seth Weinfeld
`
`
`
`Receipt Date: 01—FEB—2012
`
`
`
`Filing Date: MMAR-ZOOQ
`
`Time Stamp:
`
`15:59:30
`
`Application Type:
`
`Utility under35 USC 1111a]
`
`
`Payment information:
`
`yes
`Submitted with Payment
`Payment Type Deposit Account
`
`
`
`$80
`Payment was successfully received in RAM
`
`RAM confirmation Number 2557
`
`
`
`191013
`Deposit Account
`
`Authorized User
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 CPR. Section 1.16 (National application filing, search, and examination fees]
`Charge any Additional Fees required under 37 CPR. Section 1.17 (Patent application and reexamination processing fees)
`
`109
`
`109
`
`
`
`Charge any Additional Fees required under 37 CPR. Section 1.21 [Miscellaneous fees and charges]
`
`File Listing:
`
`Document
`Number
`
`.
`.
`Document Description
`
`.
`File Name
`
`File Size(Bytes}l
`Message Digest
`
`Part l.zip (if appl.)
`
`Electronic Terminal Disclaimer-Filed
`
`eTerrninaI-Disclaimer.pdf
`
`3‘jS clvfiarmi-lfliflflrefi Jaofififidlhedfi l N]!
`:‘EIGIJ
`
`Warnings:
`Information:
`
`
`
`Fee Worksheet (5306}
`
`fee-inforpdf
`
`Eflpatalfli'mrfilhili‘fllfiubrp i-lfiadaOAflfi‘Ei
`M Ili
`
`Warnings:
`Info "nation:
`
`Total Files Size (in bytes)
`
`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 Ca rd, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53lb)—(dl and MPEP 506], a Filing Receipt (37 CFR 1.54] will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`Ifa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DOIEOIQOB indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt. in due course.
`
`New International Application Filed with the USPTO asa Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 OI, a Notification ofthe International Application Number
`and ofthe International Filing Date (Form PCTIRDII 05) will be issued in due course, subject to prescriptions concerning
`national secu rity, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`110
`
`110
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicanfls): Michael J. Rojas
`
`Examiner:
`
`Creighton H. Smith
`
`Serial No:
`
`12,898,076
`
`Art Unit:
`
`2614
`
`Filed:
`
`March 4, 2009
`
`Docket:
`
`1711332
`
`For:
`
`SYSTEM AND METHOD FOR INSTANT VolP MESSAGING
`
`Conf. No.:
`
`93?3
`
`Dated:
`
`February 1. 2012
`
`Commissioner for Patents
`P. O. Box 1450
`
`Alexandria, VA 22313-1450
`
`AMENDMENT UNDER 37 C.F.R. § 1.11 I
`
`Sir:
`
`In reaponse to the Office Action dated November 1, 201 1. please amend the above-
`
`identified application as follows:
`
`Amendment to the Claims are reflected in the listing of claims which begins on page 3
`
`of this paper.
`
`Remarkst'Arguments begin on page 6.
`
`111
`
`111
`
`
`
`
`
`IN THE CLAIMS
`
`This version and listing of the claims, replaces and supercedes, all prior versions and listing
`
`of the claims.
`
`1 . {Cancelled}
`
`2. (Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating Hmong instant voice message. wherein generating includes recording
`
`the instant voice message in an audio file and attaching one or more files to the audio file;
`
`transmitting the instant voice message having one or more recipients:
`
`receiving an instant voice message when a recipient is available; and
`
`receiving a temporarily stored instant voice message when a ree_ipient becomes
`
`available: wherein the instant voice message is temporarily stored when at least one recipient is
`
`unavailable.
`
`3. (Currently Amended) A method for 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 recipient of an instant
`
`voice message; [[and]]
`
`displaying said list of nodes;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message when a recipient is available; and
`
`ll:\work\17;i1\t'il SSZWENDN] iiSllZadeoc
`
`IQ
`
`112
`
`112
`
`
`
`
`
`receiving a temporarin stored instant voice message when a recipient becomes
`
`available, wherein the instant voice message is temporarily stored when at least one recipient is
`
`unavailable.
`
`4. (Currently Amended) A method for instant voice messaging over a packet-switched network,
`
`the method comprising:
`
`
`
`generating [[the]]@ instant voice message; and
`
`controlling a method of generating the instant voice message based upon a
`
`connectivity status each af—saiel—one—onmere recipient;
`
`transmitting the instant voice message having one or more recipients;
`
`receiving an instant voice message when a recipient is available: and
`
`receiving a temporarily stored instant voice message when a recipient becomes
`
`available wherein the instant voice message is temporarily stored when at least one recipient is
`
`unavailable.
`
`.5. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 4, wherein said method of generating 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 when at least one recipient is
`
`unavailable.
`
`7. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said intercom mode is selected as a default when said one or more recipients are
`
`available.
`
`8. (Original) The method for instant voice messaging over a packet-switch network according to
`
`claim 5, wherein said record mode comprises the steps of:
`
`Hr\wor|t\i T32\ | TI BSZ‘tAMENI )\| TI 332nm] .Iluc
`
`113
`
`113
`
`
`
`recording the instant voice message;
`
`generating a stop indicator; and
`
`transmitting the recorded instant ”voice message after the generation of said step
`
`indicator.
`
`9. (Original) The method for 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 of the instant voice as the
`
`instant message is recorded;
`
`transmitting from each successive buttered portion; and
`
`delivering each successive portion to the recipients wherein the recipients audibly
`
`playing each successive portion as it is delivered.
`
`10. (Original) The method for 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 of time
`
`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 when a sensor detects that a recording device
`
`is in a predetermined position.
`
`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 when said audio input has stopped.
`
`13.
`
`(Currently Amended) The method for instant voice messaging over a packet-
`
`switch network according to claim [[1]]; further comprising:
`
`diaplaying an indication that an instant voice message has been received; and
`
`playing the instant voice message.
`
`|-l.'\worLil THE) 1'? l SEZ‘HAM END“ '7’ l Biifiarnl .doc
`
`114
`
`114
`
`
`
`14.
`
`(Currently Amended) The method for instant voice messaging over a packet-
`
`switch network according to claim 2, further comprising:
`
`displaying an indication that an instant voice message has been received;
`
`separating the instant voice message into [[the]_]@ audio file and [[ther one or
`
`more files: and
`
`playing the audio file.
`
`15.
`
`(Original) The method for instant voice messaging over a packet-switch network
`
`according to claim 8, further comprising:
`
`receiving a record start signal.
`
`16.
`
`(Original) The method for instant voice messaging over a packet-switch network
`
`according to claim 15, wherein said record start signal is an audio signal.
`
`I IllwnrkllUZU T [RSZMMEN DiITI film | .doc
`
`115
`
`115
`
`
`
`REMARKS
`
`Applicant respectfully submits this Amendment in reply to the Official Action dated
`
`November 1. 2012. Applicant submits that the Amendment is fully responsive to the Official
`
`Action for at least the reasons set forth herein.
`
`At the onset, Applicant would like to thank the Examiner for indicating that claims 2-12
`
`and 14-16 have allowable subject matter and would be allowed if rewritten in independent form.
`
`Accordingly, claims 2-4 have been rewritten in independent form. Claim 1 has been
`
`cancelled without prej udic-e. Claim 13 has been amended for consistency. Applicant also notes
`
`that claim 14 has been amended.
`
`Claims I and 13 were rejected under 35 U.S.C‘.. § 102(e) as allegedly anticipated by
`
`DePietro et al., US. Pat. Pub. 20082'0298309.
`
`Without acquiescing to the propriety of the rejections or the Examiner’s interpretation of
`
`the cited references. and to expedite prosecution. claims 2-4 were amended into independent
`
`Form. Thus, Applicant submits that the rejection is moot in view of the above-identified
`
`amendment. Withdrawal of the rejection is respectfully requested.
`
`Claims 1-10 were rejected based upon a non-statutory obviousness-type double patenting
`
`rejection. The Examiner cites US. Patent No. 7,535,890 {the ‘890 Patent) in the rejection.
`
`Without acquiescing to the propriety of the rejection, Applicant submits a terminal disclaimer
`
`herewith.
`
`Lastly, Applicant notes that the Examiner Failed to consider one of the references cited in
`
`the Information Disclosure Statement. However, the Examiner failed to provide a reason.
`
`Appli cant respectfully requests that the Examiner consider the reference.
`
`”dumb I 13%] TISSZHAMENDH ir'l BEZ.am I .0300
`
`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 allowance of the application; the Examiner is
`
`kindly requested to contact the undersigned.
`
`Respectfully submitted.
`
`fSeth Weinfeldf
`
`Seth Weinfeld
`
`Registration No. 50.929
`
`Scully, Scott. Murphy 85 Presser
`400 Garden City Plaza
`Garden City, New York 11530
`(516) 742-4343
`
`SW:reg
`
`ll:\work\l 3‘32” '3 l 33?.MMENDH "I ISBZam I fiat:
`
`117
`
`117
`
`
`
`AMENDMENT TRANSMITTAL LETTER Lare Enti
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, Virginia 22313—1450
`
`Michael J- Rojas
`March 4, 2009
`Crei-hton H. Smith
`SYSTEM AND METHOD FOR TNSTANT VoIP MESSAGING
`
`Confirmation No.
`
`12898976
`
`2614
`
`Title of Invention
`
`171882
`
`_3389
`
`ii‘atrsmitted herewith is on amendment in the above-identified application.
`
`The‘fee has been articulated and is transmitted as shown below
`
`Claims Remaining
`
`Highest it Previouslv
`*
`
`it Extra
`
`.
`Add t
`
`.
`
`i F
`
`TOTAL CLAIMS __E— $60 00
`TOTALINDEP.
`r,
`
`_—I—Hn $5000
`
`$000
`
`$000
`
`Cl Multiple Dependent Claims (if a plicable) ($450.00)
`TOTAL ADDITIONAL FEE FOR THIS AMENDMENT
`
`$0—00
`
`
`
`Cheek
`
`Method of Payment
`El Other
`
`Credit Card (Form PTO-2038 attached)
`
`Deposit Account ti
`
`19-1013
`
`For the above-identified deposit account the Director is hereby authorized to: (check all that apply)
`
`Charge the feets) set forth
`Charge any additional filing fees required under 37 C.F.R. §1.l6
`
`Charge any patent application processing fees under 3? CF‘R. §1 .17
`
`Credit any overpayments
`
`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 l_._ 2012
`
`tSeth Weint‘eldf
`Seth Weint‘eld
`
`50,929
`Registration No.
`SCULLY, SCOTT, MURPHY 8: PRESSER. RC.
`
`400 Garden City Plaza, Suite 300
`
`Garden City, New York 11530
`
`1516-7424343 Telephone
`516-742-4366 Fax
`
`118
`
`118
`
`
`
`Electronic Acknowledgement Receipt
`
`IIIIIIIIIIIIIIIIIIIIIIIEIiaIl:IllllllllllllllllllllllIIIIHiiiEiiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllllllllllllllllllllllll
`Application Number: 123980?6
`
`
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR INSTANT VDIP MESSAGING
`
`First Named lnventorlApplicant Name:
`
`Michael J: Rojas
`
`
`
`Customer N um ber: 23389
`
`Seth Weinfeld/Roseann Gallo
`Filer:
`
`
`Filer Authorized By:
`
`Seth Weinfeld
`
`
`
`
`
`Receipt Dale: 01—FEB—2012
`
`
`
`Filing Date: MMAR-ZOOQ
`
`Time Stamp:
`
`1?:03z30
`
`Application Type:
`
`Utility under35 USC 111(3)
`
`
`Payment information:
`
`Submitted with Payment
`
`
`
`Document
`File Size( Bytes}!
`
`
`Number
`
`
`Document Description
`File Name
`Message Digest Part inp (ifappIJ
`
`
`579912
`
`
`1?1882_AM1.pdf WILSISIJ ’cficl‘ it‘li‘lfdifi‘l‘ I'flhtl‘tlfl) Ilium:
`
`50640
`
`
`119
`
`119
`
`
`
`Multipart DescriptioanDF files in .zip description
`
`Document Description
`
`Amendment/Reg. Reconsideration—After Non—Final Reject
`
`
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP1810}, a Notification of the International Application Number
`and ofthe International Filing Date (Form PCTIROH 05) will be issued in due course, subject to prescriptions concerning
`national secu rity. and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Applicant ArgumentsIRemarks Made in an Amendment
`
`
`Miscellaneous Incoming Letter
`
`
`Warnings:
`Info rmation:
`
`Total Files Size (in bytes)
`
`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 Ca rd, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`Ifa new application is being filed and the application includes the necessary components for a filing date lsee 37 CFH
`1.53(b)—(dl and MPEP 506], a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`Ifa 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 PCTIDOIEDBOS indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`120
`
`120
`
`
`
`PTOISBI'UE') (07436}
`Approved tor use through 1l’3te'200'.’ 0M8 065170032
`LI.S. Patent and Trademark Cities: US. DEPARTMENT OF COMMERCE
`Under the Pa-erwork Reduction Act of 1995. no nersons are re uired to res-0nd to a collection oi iniormalion unless It dis Ila s a valid OMB control number.
`
`PATENT APPLICATION FEE DETERMINATION RECORD
`Substitute for Form Proms
`
`Avohcanon or Docket Number
`12398076
`
`Fume Date
`03/04/2009 D To be Matted
`
`APPLICATION AS FILED — PART I
`
`FOR
`
`El BASIC FEE
`376FR1153} ULO‘ICI
`
`CI SEARCH FEE
`37 CPR t
`tBtk . I.or(rrt
`
`[I EXAMINATION FEE
`SYCFR 1 160.1- .ori-
`TOTAL CLAIMS
`3? CFR 1.16il
`INDEPENDENT CLAIMS
`3? CFR 1.i6 h J
`
`CIAPPLICATION SIZE FEE
`{37 CFI—‘t 1 15(9))
`
`tColLImn u
`NUMBER FILED
`
`tCotumn 2)
`NUMBER EXTRA
`
`SMALL ENTITY [XI
`FIATE I$)
`FEE IS
`
`0H
`
`NIA
`
`NI'A
`
`NJA
`
`MA
`
`NIA
`
`MA
`
`NI’A
`
`minus 20 =
`
`minus 3 =
`
`If the specification and drawings exceed 100
`sheets of paper, the application size fee due
`is $250 ($125 for small entity) for each
`additional 50 sheets or fraction thereof. See
`35 U.S.C.41a 1 G and 3? CFR 1.16 s.
`
`D MULTIPLE DEPENDENT CLAIM PRESENT {37 CFR 1.16m}
`’ If the difference in column I is less than zero. enter "0' in column 2.
`
`APPLICATION AS AMENDED 7 PART II
`
`OTHER THAN
`SMALL ENTITY
`
`RATE {5)
`
`FEE (5}
`
`MA
`
`MA
`
`NtA
`
`XS
`
`X 5
`
`[Column ‘I I
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`Minus
`
`MInLIs
`
`O2I'D1 i201 2
`
`TotaI r37 CFFI
`I
`lfii
`
`{37 CFR 1 150“}
`
`{Column 3)
`
`PRESENT
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`-- 20
`
`SMALL ENTITY
`
`ADDITIONAL
`FEE I$l
`
`RATE (35':
`X m(Ac:- II
`
`OTHER THAN
`SMALL ENTITY
`
`ADDITIONAL
`FEE m
`
`x ED
`x m
`
`II
`
`H
`
`DO3033
`
`'—
`
`2L
`
`u2DZL
`
`LI
`
`El Application Sire Fee :3? CFR I reign
`
`E‘
`
`I
`
`D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM {3? CFR 1.16mi
`
`
`
`J
`
`[Column ‘I
`CLAIMS
`REMAINING
`
`AFTER- AMENDMENT
`
`TotaI r37 oFs
`us I
`I
`Independent
`:7 CFRI tfith
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`IColLIn'In SJ
`
`PRESENT
`
`Minus
`
`Minus
`
`ADDITIONAL
`FEE ($l
`
`RATE (as)
`
`ADDITIONAL
`FEE (5)
`
`III Applrcation Size Fee (37 CFR I IstsII
`
`D FIRST PRESENTATION OF MULTIPLE DEPENDENTGLAIMIE? CFFI‘I 16ml
`
`AMENDMENT
`
`* It the entry in column 1 is less than the entry in column 2. write ”0" in column 3.
`” It the ”Highest Number Previously.l Paid For’ IN THIS SPACE is less than 20. enter “20‘.
`"* If the “Highest Number Previous-I5:I Paid For’ IN THIS SPACE is less than 3. enter ‘3'.
`The “Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`This collection oi information is required by 37 CFR 1 16. The iniorrnation is required to obtain or retain a beheiit by the public which is to tile {and by the USPTO to
`process: an application. ConfidentIaIity is governed by 35 U.S.C 122 and 3? CFFI 1.14. This coIIeotron is estimated to take 12 minoiesto complete. including gathering.
`preparing. and submitting the completed application form to the USPTO. TIrne wilI vary depending upon the individual case. Any comments on the amount of time you
`require to complete this ICII'ITI andtor suggestions for reducing this burden. should be sent to the Chiel IntOrmation Oificer. US. Patent and Trademark Office. LLS
`Department at Commerce. PO. Box 1450. Alexandria. VA 2231371450 DO NOT SEND FEES DR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner Ior Patents, PO. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance In compietr'ng the form. catt t-BGU—PTO-QI‘QQ and seiect option 2.
`
`Legal Instrument Examiner:
`{TONI HAKIIW
`
`121
`
`121
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMJVUERCE
`United States Patent and Trademark Office
`Address: I '(JMMISSION'J ER FOR PATIENTS
`I‘ O Box I450
`Alum-dun. \r‘iI‘SInin 22.113- I450
`wwaIhpI‘Lgiw
`
`NOTICE OF ALLOWANCE AND FEEIS) DUE
`
`23339
`
`7590
`
`[III] [#20] 2
`
`SCULLY SCOTT MURPHY & PRIiSSljR‘ PC
`400 GARDEN CITY PLAZA
`SUITE 300
`GARDEN CITY, NY I I530
`
`EXAMINE R
`
`SMITH. CRElL'iI-ITON I-l
`
`PAPER N'LMB FR
`
`ART 1734'”
`26”
`DATE MAILED: Olflfitlol .1
`
`APPLICATION NO.
`FILING DA'I'I’.
`FIRST NAMED INVIENTUR
`ATTORNEY IJCX‘I‘LIET NO.
`CONI'TRNLATION NO
`
`l "3183?.
`9373
`l2i'398fl3'6
`GNOMZOOQI
`Michael I. Rojas
`TITLE OF INVENTION: SYSTEM AND METHOD FOR INSTANT VOIP MESSAGING
`
`APP'LN. TYPE
`SMALL ENTITY
`ISSUE FEE DUE
`PUBLICATION FEE DUE
`PREV. PATD ISSUE FEE
`TOTAL FEELS-'1 DUE
`DATE DUE
`
`YES
`nonproviaional
`SSW.)
`$300
`$0
`5] I70
`Ufii’lfitlfll 2
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTI N ON THE NIERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITIIDRAWAL FROM ISSUE AT TIIE INITIATIVE OI? THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEI’ 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. m
`
`TAT t'l.‘ RY ’ERI
`.A
`T E ‘XTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN TIIIS APPLICATION.
`IF AN ISSUE FEE IIAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`3|]th BE CONSIDERED A REQUEST TO REAPPLY TIIE PREVIOUSLY PAID ISSUE FEE TOWARD TIIE ISSUE FEE NOW
`I E.
`
`HOW TO REPLY TO THIS NOTICE:
`
`l. Review the SMALL ENTITY status shown above.
`
`II' the SMALL ENTITY is shown as YES. verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the Status. is the same, pay the TOTAL PEI—{(8') DUIZ shown
`above.
`
`A. Pay TOTAL PEI—{(5) DUE shown above1 or
`
`B. If the status above is to he removed. check box 5!) on Part B -
`Peep-z) Transmittal and pay the PUBLICATION FEE (if required}
`and twice the amount of the. 158 UP: PEI": shown above, or
`
`B. If applicant claimed SMALL BNTI’I'Y status before. or is now
`claiming SMALL EN'I‘I'IY status, check box So on Part B - Feds)
`Transmittal and pay the PUBLICATION FEE {if required) and U2
`the ISSUE FEE shown above.
`
`ll. PART B - I‘EEIS'J 'l‘RANSMITTAL. or its equivalent. must be completed and returned to the United States Patent and 'I‘radetnark Office
`(I ISFI‘O'J with your ISSUE FEE. and PUBLICA’I‘ION FEE (if required). [I you are charging the feets'} to your deposit account, section "4b"
`of Part B — Iieet's) Transmittal should he completed and an extra copy of lhe form should he 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 oCctIr clue to the difficulty in recogniaing
`the paper as an equivalent of Part E.
`
`III. All connntmications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE TEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing an applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-SS tRev. 02” l}
`
`Page I 0T3
`
`122
`
`122
`
`
`
`PART B - FEEtS) TRANSMITTAL
`
`Complete and send this form. together with applicable facts]. to: Mail Mail Stop 188”!) FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`or Ea;
`through 5 should he completed where
`INSTRUCTI