throbber
UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES 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
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/694,135
`
`01/26/2010
`
`Philippe Kahn
`
`8689P027C
`
`5414
`
`8791
`7590
`01/12/2011
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`EXAMINER
`
`COSIMANO, EDWARD R
`
`ART UNIT
`
`PAPER NUMBER
`
`2863
`
`MAILDATE
`
`DELIVERY MODE
`
`01112/2011
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Apple v. Uniloc
`
`Page 1 of 184
`
`Apple Ex. 1002
`
`

`

`SUPPLEMENTAL
`Notice of Allowability
`
`Application No.
`
`12/694, 135
`Examiner
`
`Applicant(s)
`
`KAHN ET AL.
`Art Unit
`
`Edward R. Cosimano
`
`2857
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED 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 GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. [8J This communication is responsive to the amendment filed 19 October 2010.
`
`2. [8J The allowed claim(s) is/are 21-31.
`3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. ~Examiner's Amendment/Comment
`
`8. ~ Examiner's Statement of Reasons for Allowance
`
`9. ~ Other Approved Drawing Correction.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20110110
`
`Apple v. Uniloc
`
`Page 2 of 184
`
`Apple Ex. 1002
`
`

`

`Application/Control Number: 12/694, 135
`
`Art Unit: 2857
`
`1.
`
`EXAMINER'S COMMENT
`
`Page 2
`
`1.1 When preparing this Office action the Examiner considers the instant application to
`
`include:
`
`A) the Oath/Declaration which was filed on 26 January 2010 and that is acceptable to the
`
`Examiner;
`
`B) the content of the Abstract which was filed on 26 January 2010 and that is acceptable
`
`to the Examiner;
`
`C) figures 1, 2, 3, 4, 5, 6, 7, 8 & 9 of the set of drawings containing 9 sheets of 9 figures
`
`comprising figure 2 as presented in the set of drawings filed on 26 January 2010 and figures 1, 3,
`
`4, 5, 6, 7, 8 & 9 as presented in the set of drawings filed on 19 October 2010 where the content
`
`of figures 1, 2, 3, 4, 5, 6, 7, 8 & 9 of the above set of drawings is acceptable to the Examiner;
`
`D) the written description as filed on 26 January 2010 and amended on 26 January 2010
`
`and by the Examiner's amendment of24 September 2010; and
`
`E) the set of amended claims as filed on 26 January 2010; and
`
`F) the NON-Publication request filed on 26 January 2010.
`
`BENEFIT OF AN EARLIER FILING DATE
`
`Applicant's claim for the benefit of an earlier filing date pursuant to 35 U.S.C. 120 is
`
`2.
`
`2.1
`
`acknowledged.
`
`3.
`
`3.1
`
`PRIOR ART FROM EARLIER APPLICATIONS
`
`The Examiner has considered the prior art cited in the applications for which Applicant
`
`has claimed the benefit of an earlier filing date pursuant to 35 U.S.C. 120.
`
`3.1.1
`
`If Applicant wishes any of the prior art that was cited in each of the base applications but
`
`that has not been cited during the prosecution of the instant application to appear on any Patent
`
`grated on the instant application, then Applicant must provide a properly completed PT0-1449
`
`containing proper citations of the prior art that Applicant wishes to appear on any Patent that
`
`may be granted on the instant application.
`
`3.
`
`3.1
`
`REASONS FOR ALLOWANCE
`
`The following is a statement of reasons for the indication of allowable subject matter:
`
`A) the prior art, for example:
`
`Apple v. Uniloc
`
`Page 3 of 184
`
`Apple Ex. 1002
`
`

`

`Application/Control Number: 12/694, 135
`
`Art Unit: 2857
`
`Page 3
`
`(1) either Richardson et al (5,976,083 or 6,135,951) or Ebeling et al (6,145,389)
`
`or Tsuji (2005/0232388 or 2005/0238132 or 7,169,084 or 7,297,088) or Darley
`
`(6,611,789 or 2007/0061105 or 2007/0208531 or 2010/0057398) or Park et al
`
`(2007 /0067094) disclose a machine/process that provides the useful and beneficial
`
`function of monitoring the physical fitness activities of an user. To monitor the physical
`
`fitness activities of the user, an accelerometer is used in order to monitor the acceleration
`
`of the user during a physical fitness activity of the user. The measured acceleration of the
`
`user during a physical fitness activity is then suitably processed by being analyzed or
`
`evaluated in order to: (la) detect any variation in the measured acceleration that would
`
`represent a particular physical fitness activity of the user; and (1 b) to make a more
`
`accurate determination of the user's steps or strides in order to determine an accurate
`
`measurement of the user's step or stride distance for a particular physical fitness activity.
`
`In this manner the total distance that has been traveled by the user during a particular
`
`physical fitness activity may more accurately be determined based on the user's step or
`
`stride and the total distance traveled by the user during a step or stride. Where in either
`
`Darley ( 6,611, 789 or 2007 /0061105 or 2007 /0208531 or 2010/0057398) when a step is
`
`not detected with in a predetermined period/interval of time and then wakes the
`
`pedometer up when a step is detected.
`
`(2) either Sakuria et al (6,369,794) or Kubo et al (2002/0089425 or 6,700,499) or
`
`Ladetto et al (2003/0018430 or 6,826,477) disclose a machine/process that provides the
`
`useful and beneficial function of determining an user's action or motion in which the time
`
`variation of a measured acceleration, representing the user's action or motion, is
`
`evaluated or analyzed in order to determine the user's action or motion.
`
`(3) either Seo et al (2006/0020177 or 7,334,472) disclose a machine/process that
`
`provides the useful and beneficial function of placing an acceleration based pedometer
`
`machine/process into a sleep or low power mode in which the sampling frequency is
`
`changed, when a step is not detected with in a predetermined period/interval of time and
`
`then wakes the pedometer up when a step is detected.
`
`Apple v. Uniloc
`
`Page 4 of 184
`
`Apple Ex. 1002
`
`

`

`Application/Control Number: 12/694, 135
`
`Art Unit: 2857
`
`Page 4
`
`B) however, the prior art does not fairly teach or suggest in regard to claim 21 a process
`
`in claim 21 that provides the useful and beneficial function of placing a mobile device in a sleep
`
`or low activity mode by providing actions in claim 21 that perform at least the functions of:
`
`(1) using an inertial sensor within the mobile device in order to detect motion of
`
`the mobile device;
`
`(2) using the mobile device in order to determine if the motion that has been
`
`detected by the inertial sensor has a signature that is indicative of an user activity that the
`
`mobile device is configured to monitor; and
`
`(3) entering the mobile device into a sleep mode when the motion that has been
`
`detected by the inertial sensor does not has a signature that is indicative of an user
`
`activity that the mobile device is configured to monitor.
`
`Claims 22-24, which depend from claim 21, are allowable over the prior art for the same reason.
`
`C) however, the prior art does not fairly teach or suggest in regard to claim 25 a process
`
`in claim 25 that provides the useful and beneficial function of setting an appropriate step cadence
`
`window for a mobile device by providing actions in claim 25 that perform at least the functions
`
`of:
`
`(1) rece1vmg from an accelerometer within the mobile device acceleration
`
`data/information that meets a stepping criteria;
`
`(2) incrementing a step count by using the acceleration data/information that
`
`meets a stepping criteria; and
`
`(3) setting a step cadence window in order for the mobile device to monitor the
`
`next step to be:
`
`(3a) a default step cadence window when the step count is below a step count
`
`threshold; or
`
`(3b) a default step cadence window when the step cadence of the current user
`
`does not match the step cadence profile of an user profile; and
`
`(3c) a dynamic step cadence window when the step count is at or above the step
`
`count threshold.
`
`Claims 26-31, which depend from claim 25, are allowable over the prior art for the same reason.
`
`4.
`
`RELEVANT ART OF INTEREST
`
`Apple v. Uniloc
`
`Page 5 of 184
`
`Apple Ex. 1002
`
`

`

`Application/Control Number: 12/694, 135
`
`Art Unit: 2857
`
`Page 5
`
`4.1
`
`The Examiner has cited prior art of interest, for example:
`
`A) either Kahn et al (2009/0043531 or 2009/0234614 or 2009/0319221 or 7,647,196 or
`
`2010/0056872 or 7,753,861) are publication of a related application with at least one common
`
`inventor and a latter effective date.
`
`5.
`
`5.1
`
`CONCLUSION
`
`Any inquiry concerning this communication or earlier communications from the
`
`Examiner should be directed to Edward R. Cosimano whose telephone number is 571-272-0571.
`
`The Examiner can normally be reached on 571-272-0571 from 7:30am to 4:00pm.
`
`5.2
`
`If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's
`
`supervisor, Andrew Schechter, can be reached on 571-272-2302. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`5.3
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://portal.uspto.gov/extemal/portal. Should you have questions on access to the
`
`Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`ERC
`012/10/2011
`
`/Edward Cosimano/
`Primary Examiner Unit 2857
`
`Apple v. Uniloc
`
`Page 6 of 184
`
`Apple Ex. 1002
`
`

`

`Page 1 of 1
`
`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
`
`CONFIRMATION NO. 5414
`
`CLASS
`
`~
`
`GROUP ART UNIT ATTORNEY DOCKET
`NO.
`8689P027C
`
`12857 I
`
`BIB DATA SHEET
`
`SERIAL NUMBER
`
`12/694,135
`
`FILING or 371 (c)
`DATE
`01/26/2010
`RULE
`
`APPLICANTS
`Philippe Kahn, Aptos, CA;
`Arthur Kinsolving, Santa Cruz, CA;
`Mark Andrew Christensen, Santa Cruz, CA;
`Brian Y. Lee, Aptos, CA;
`David Vogel, Santa Cruz, CA;
`** CONTINUING DATA *************************
`This application is a CON of 11/644,455 12/22/2006 PAT 7,653,508 IYES /ERC!I
`**FOREIGN APPLICATIONS************************* INONE /ERC!I
`** IF REQUIRED, FOREIGN FILING LICENSE GRANTED **
`02/05/2010
`
`Foreign Priority claimed
`
`Oves ~No
`35 USC 119(a-d) conditions met 0 Yes ~No O Metafter
`
`Allowance
`
`STATE OR
`COUNTRY
`
`SHEETS
`DRAWINGS
`
`TOTAL
`CLAIMS
`
`INDEPENDENT
`CLAIMS
`
`CA
`
`9
`
`11
`
`2
`
`Verified and
`
`/EDWARD R
`COS I MANO/
`Examiner's Signature
`
`Initials
`
`Acknowledged
`ADDRESS
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`UNITED STATES
`TITLE
`Human Activity Monitoring Device
`
`FEES: Authority has been given in Paper
`FILING FEE
`to charge/credit DEPOSIT ACCOUNT
`RECEIVED No.
`No.
`for following:
`1090
`
`D All Fees
`D 1.16 Fees (Filing)
`D 1.17 Fees (Processing Ext. of time)
`D 1.18 Fees (Issue)
`D Other
`D Credit
`
`BIB (Rev. 05/07).
`
`Apple v. Uniloc
`
`Page 7 of 184
`
`Apple Ex. 1002
`
`

`

`Receipt date: 10/19/201 O
`
`12694135 - GAU: 2857
`
`Dominant Axis Logic 127
`Dominant
`Axis Setting
`Logic
`140
`
`Rolling Average
`~
`Logic 135
`
`••
`
`Cadence Logic
`132
`
`----
`
`APPROVED
`/ERC/
`21 December 2010
`
`Filter
`120
`
`I
`
`Acceleration
`Measuring
`Logic
`105
`
`...
`
`~
`
`____.
`
`...
`
`~
`
`l""I" ,-
`
`Timer
`170
`
`......
`
`1 r
`
`...
`
`~
`
`Measurement
`Selection
`Logic 145
`
`1r T
`Measurement
`Comparator
`155
`
`~
`
`~
`
`+
`
`,,
`I Cadence I
`Window
`150
`
`\
`
`\
`
`...
`+
`Comparator .... -
`Threshold
`
`160
`
`I Final Step I
`Count
`175
`
`~
`
`~
`
`\
`
`\
`
`' .
`I Step Gou nt I
`.....
`Buffer
`165
`
`~
`
`\
`
`\
`
`Mode
`Logic
`190
`
`Step Counting Logic 130
`
`Electronic Device 100
`
`Figure 1
`
`Apple v. Uniloc
`
`Page 8 of 184
`
`Apple Ex. 1002
`
`

`

`UNITED STA TES p A TENT 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.
`
`12/694,135
`
`ISSUE DATE
`
`02/01/2011
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7881902
`
`8689P027C
`
`5414
`
`8791
`7590
`01/12/2011
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`Philippe Kahn, Aptos, CA;
`Arthur Kinsolving, Santa Cruz, CA;
`Mark Andrew Christensen, Santa Cruz, CA;
`Brian Y. Lee, Aptos, CA;
`David Vogel, Santa Cruz, CA;
`
`IR103 (Rev. 10/09)
`
`Apple v. Uniloc
`
`Page 9 of 184
`
`Apple Ex. 1002
`
`

`

`UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES 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
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/694,135
`
`01/26/2010
`
`Philippe Kahn
`
`8689P027C
`
`5414
`
`8791
`7590
`12/23/2010
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`EXAMINER
`
`COSIMANO, EDWARD R
`
`ART UNIT
`
`PAPER NUMBER
`
`2863
`
`MAILDATE
`
`DELIVERY MODE
`
`12/23/2010
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Apple v. Uniloc
`
`Page 10 of 184
`
`Apple Ex. 1002
`
`

`

`Response to Rule 312 Communication
`
`Application No.
`
`12/694, 135
`
`Examiner
`
`Edward R. Cosimano
`
`Applicant(s)
`
`KAHN ET AL.
`
`Art Unit
`
`2857
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`
`1. ~The amendment filed on 19 October 2010 under 37 CFR 1.312 has been considered, and has been:
`a) D entered.
`
`b) ~ entered as directed to matters of form not affecting the scope of the invention.
`
`c) D disapproved because the amendment was filed after the payment of the issue fee.
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`
`and the required fee to withdraw the application from issue.
`
`d) D disapproved. See explanation below.
`e) D entered in part. See explanation below.
`
`U.S. Patent and Trademark Office
`PTOL-271 (Rev. 04·01)
`
`Reponse to Rule 312 Communication
`
`Part of Paper No. 20101221
`
`/Edward R. Cosimano/
`Primary Examiner
`Art Unit: 2857
`
`Apple v. Uniloc
`
`Page 11 of 184
`
`Apple Ex. 1002
`
`

`

`Receipt date: 10/19/201 O
`
`12694135 - GAU: 2857
`
`Attorney's Docket No.: 8689P027C
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Philippe Kahn, et al.
`
`Examiner: Cosimano, Edward R.
`
`Application No.: 12/694,135
`
`Art Unit: 2863
`
`Filed:
`
`January 26, 2010
`
`Confirmation No.: 5414
`
`For: HUMAN ACTIVITY MONITORING
`DEVICE
`
`Date of NOA: September 24, 2010
`
`Mail Stop Issue Fee
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`OK TO ENTER RULE 312
`/ERC/
`21 December 2010
`
`Sir:
`
`AMENDMENT UNDER 37 C.F.R. § 1.312
`(Amendment After Allowance)
`
`In Response to the Notice of Allowance mailed on September 24, 2010, the Applicant
`
`respectfully requests the Examiner to enter the following amendment.
`
`Amendments to the Drawings begin on page 2 of this paper.
`
`Remarks begin on page 3 of this paper.
`
`CERTIFICATE 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 Electronic Filing System on:
`October 19 2010
`
`Date of Deposit
`
`Bett Scaletta
`
`Name of Person Filing Correspondence
`
`/Betty Scaletta/
`
`Signature
`
`10-19-2010
`
`Date
`
`Serial No.: 12/694,135
`
`Attorney Docket: 8689P027C
`
`-1-
`
`Apple v. Uniloc
`
`Page 12 of 184
`
`Apple Ex. 1002
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together wi~ •• applicable fee(s), to: Mail Mail Stop ISSUl<.. ~ ti:E
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`or Fax
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address)
`
`Note: A certificate of mailmg can only be used for domes!Jc mailmgs of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment orforrnal drawing, must
`have its own certificate of mailing or transmission.
`
`7590
`8791
`09/24/2010
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`Certificate of Transmission
`I hereby certify that this Fee(s) Transmittal is being submitted
`electronically via EFS Web on the date shown below.
`
`Judith A. Szepesi
`
`/Judith Szepesi/
`
`December 21, 2010
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`01/26/2010
`12/694,135
`TITLE OF INVENTION: HUMAN ACTIVITY MONITORING DEVICE
`
`Philippe Kahn
`
`8689P027C
`
`5414
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
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`TOTAL FEE(S) DUE
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`nonprovisional
`
`NO
`
`$1510
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`$0
`
`$0
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`$1510
`
`DATE DUE
`
`12127/2010
`
`. EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`COSIMANO, EDWARD R
`
`2863
`
`702-160000
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`!. Change of correspondence address or indication of"Fce Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address torm PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee, Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
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`Blakely, Sokoloff,
`
`2 Taylor & Zafman, LLP
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`3 Judith A. Szepesi
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 3 7 CFR 3 .11. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
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`DP Technologies, Inc.
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`Scotts Valley, California
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`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual
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`l15J Corporation or other private group entity 0 Government
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`4a. The following fee(s) are submitted:
`IRJ Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Adva~ce Order - #of C o p i e s - - - - - - - - -
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`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`115) The Director is hereby authorized to charge the required fee( s ), any deficiency, or credit any
`overpayment, to Deposit Account Number O 2-2 6 6 6 _(enclose an extra copy of this form).
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`5. Change in Entity Status (from status indicated above)
`0 a. Applicant clainls SMALL ENTITY status. See 37 CFR 1.27.
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l .27(g)(2).
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`(nterest as shown by the records of the United States Patent and Trademark Office.
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`Authorized Signature ___ /_J_u_d_i_· t_h __ s_z_e..=p_e_s_i_/ _ _ _ _ _ _ _ _ _ _
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`Typed or printed name -~J~u~d=i~· t=h~=A~·~S~z~e~p=e-"s-=i~---------
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`December 21, 2010
`Date -------------------
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`This collection ofinformacion is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process}
`au application. Confidentiality is 11overned by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to talce 12 minutes to complete, including gathering, prcpanng, and
`subrrutting 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, Vi~inia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 223lj-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Apple v. Uniloc
`
`Page 13 of 184
`
`Apple Ex. 1002
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`12694135
`
`26-Jan-201 O
`
`Title of Invention:
`
`HUMAN ACTIVITY MONITORING DEVICE
`
`First Named Inventor/Applicant Name:
`
`Philippe Kahn
`
`Filer:
`
`Judith A. Szepesi/Joan Abriam
`
`Attorney Docket Number:
`
`8689P027C
`
`Filed as Large Entity
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`Utility under 35 USC 111 (a) Filing Fees
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`Description
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`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
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`Miscellaneous-Filing:
`
`Petition:
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`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
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`Utility Appl issue fee
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`1501
`
`1
`
`1510
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`1510
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`Extension-of-Time:
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`Apple v. Uniloc
`
`Page 14 of 184
`
`Apple Ex. 1002
`
`

`

`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Miscellaneous:
`
`Total in USO($)
`
`1510
`
`Apple v. Uniloc
`
`Page 15 of 184
`
`Apple Ex. 1002
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`9091841
`
`12694135
`
`International Application Number:
`
`Confirmation Number:
`
`5414
`
`Title of Invention:
`
`HUMAN ACTIVITY MONITORING DEVICE
`
`First Named Inventor/Applicant Name:
`
`Philippe Kahn
`
`Customer Number:
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`08791
`
`Filer:
`
`Judith A. Szepesi
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`8689P027C
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`Receipt Date:
`
`Filing Date:
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`Time Stamp:
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`21-DEC-2010
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`26-JAN-2010
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`21:02:14
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`Application Type:
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`Utility under 35 USC 111 (a)
`
`Payment information:
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`Submitted with Payment
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`Payment Type
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`Payment was successfully received in RAM
`
`RAM confirmation Number
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`Deposit Account
`
`Authorized User
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`File Listing:
`Document I
`Number
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`yes
`
`Deposit Account
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`$1510
`
`9100
`
`022666
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`Document Description
`
`File Name
`
`I
`
`File Size( Bytes)/ I Multi I Pages
`(if appl.)
`Message Digest
`Part /.zip
`
`I
`
`Apple v. Uniloc
`
`Page 16 of 184
`
`Apple Ex. 1002
`
`

`

`1
`
`Issue Fee Payment (PT0-85B)
`
`8689P027C_lssue_Fee_Paymen
`t.pdf
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`122982
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New A~~lications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
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`National Stage of an International A~~lication under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International A~~lication Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
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`Apple v. Uniloc
`
`Page 17 of 184
`
`Apple Ex. 1002
`
`

`

`Receipt date: 01 /26/20'1 O
`
`12694135 - GAU: 2863
`
`Substitute for Form 1449/PTO
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(use as many sheets as necessary)
`
`Sheet
`
`2
`
`of
`
`4
`
`Complete if Known J 11.. t L/ I ~.t:i"
`.
`d
`Application Number
`'
`"
`Herewith
`Philinne Kahn
`Not vet assiiwed
`Not wt assiimed
`8689P027C
`
`Filing Date
`
`First Named Inventor:
`
`Art Unit
`
`Examiner Name
`
`Attorney Docket Number
`
`Examiner
`Initials'
`
`Cite No.
`
`U.S. PATENT DOCUMENTS
`Publication Date
`MM·DD·YYYY
`
`Document Number
`
`Name of Patentee or
`Applicant of Cited Document
`
`!~ (°'. I
`If= (; i
`/E.C./
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`IF r. 7
`!E.G.!
`i~r I
`
`Number-Kind Code2
`(11 Known)
`
`US-
`
`US·
`
`US·
`us-
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`US-
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`US·
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`US-
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`US-
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`6,539,336
`6,700,499
`6,790,178
`6,813,582
`6,823,036
`6,826,477
`6,836,744
`6,881,191
`6,885,971
`6,898,550
`6,928,382
`6,941,239
`6,959,259
`7,010,332
`7,072,789
`7,092,846
`7,148,797
`7, 158,912
`7,169,084
`7,171,331
`7,200,517
`7,212,943
`7,220,220
`7,297,088
`7,334,472
`t:,882,6~ ~ 7?..2 flt l I I
`7,387,611
`7,457,719
`
`3/25/2003
`3/2/2004
`9/14/2004
`11/2/2004
`11/23/2004
`11/30/2004
`12/28/2004
`4/19/2005
`4/26/2005
`5/24/2005
`8/9/2005
`9/6/2005
`10/25/2005
`317/2006
`7/4/2006
`8/15/2006
`12/12/2006
`1/20/2007
`1/30/2007
`1/30/2007
`4/3/2007
`5/1/2007
`5/22/2007
`11/20/2007
`2/26/2008
`2/12/2008
`6/17/2008
`11/25/2008
`
`Vock, et al.
`Kubo et al
`Mault, et al.
`Levi et al.
`Chen
`Ladetto et al
`Asphahani, et al.
`Oaklev, et al.
`Vock, et al.
`Blackadar, et al.
`Honq et al
`Unuma, et al.
`Vock, et al.
`Irvin et al
`Vock, et al.
`Vock, et al.
`Albert
`Vock, et al.
`Tsuii, Tomoharu
`Vock, et al.
`Darley, et al.
`Aoshima, et al.
`Stubbs, et al.
`Tsuii, Tomoharu
`Seo et al
`Klees et al.
`Inoue et al.
`Kahn et al
`
`Pages, Columns, Lines,
`Where Relevant
`Passages or Relevant
`Figures Appear
`
`,.
`
`Exi'lmincr
`Si.rnaturc
`
`Date Considered
`
`09/11/2010
`
`iEdward Cosimanoi
`'EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609; Draw line through citation if not in
`conformance and not considered. Include copy of this form with next communication to applicant. 'Applicant's unique citation designation
`number (optional). 2See Kinds Codes of USPTO Patent Documents at ~NY!.l!W.19.JJQ.!'. or MPEP 901.04. 3Enter Office that issued the document,
`by the two·letler code (WIPO Standard ST.3). 'For Japanese patent documents, the indication of the year of reign of the Emperor must precede
`the serial number of the patent document. 5Kind of document by the appropriate symbols as indicated on the document under WIPO Standard
`ST. 16 if possible. 5Applicant is to place a check mark here if English language translation is atlached.
`This collection of information is required by 37 CFR 1.97 and 1.98. The information is required to obtain or retain a benefit by the public which is
`to file (and by the USPTO to pr

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