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
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$0
`
`$0
`
`$1510
`
`DATE DUE
`
`12127/2010
`
`. EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`COSIMANO, EDWARD R
`
`2863
`
`702-160000
`
`!. 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.
`
`Blakely, Sokoloff,
`
`2 Taylor & Zafman, LLP
`
`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
`
`DP Technologies, Inc.
`
`Scotts Valley, California
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual
`
`l15J Corporation or other private group entity 0 Government
`
`4a. The following fee(s) are submitted:
`IRJ Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Adva~ce Order - #of Co p i e s - - - - - - - - -
`
`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).
`
`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.
`
`Authorized Signature ___ /_J_u_d_i_· t_h __ s_z_e..=p_e_s_i_/ _________ _
`
`Typed or printed name -~J~u~d=i~· t=h~=A~·~S~z~e~p=e-"s-=i~---------
`
`December 21, 2010
`Date -------------------
`Registration No. _3_9_,_3_9_3 __________ _ _
`
`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
`
`Utility under 35 USC 111 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Utility Appl issue fee
`
`1501
`
`1
`
`1510
`
`1510
`
`Extension-of-Time:
`
`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:
`
`08791
`
`Filer:
`
`Judith A. Szepesi
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`8689P027C
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`21-DEC-2010
`
`26-JAN-2010
`
`21:02:14
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`File Listing:
`Document I
`Number
`
`yes
`
`Deposit Account
`
`$1510
`
`9100
`
`022666
`
`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
`
`122982
`
`8404459001f45516cd197029663b621 b34d
`f55ff
`
`no
`
`1
`
`Warnings:
`
`Information:
`
`2
`
`Fee Worksheet (PT0-875)
`
`fee-info.pdf
`
`no
`
`2
`
`30399
`
`1de03114b178f99d94a7e615abe385f9f8c1
`1b2b
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`153381
`
`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.
`
`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
`the application.
`
`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./
`it:.r:/
`/FJ' I
`t: .. C.i
`!c.C.1
`ff:. C: I
`/FJ..1.I
`'t.G.i
`/t.L.1
`t.CJ __
`.
`~G.1
`.G.1
`
`I
`
`/t.L./
`IFJ i
`!tJ.:.1
`i';. r. I
`/F .C ,J
`
`I
`
`/t.
`f
`u./
`'F.f: I
`l/F "\I
`/E.C.1
`IF r. 7
`!E.G.!
`i~r I
`
`Number-Kind Code2
`(11 Known)
`
`US-
`
`US·
`
`US·
`us-
`
`US-
`
`US·
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`
`US-
`us-
`US-
`
`US·
`us-
`
`US-
`
`US-
`
`US-
`
`US-
`us-
`us-
`
`US-
`
`US-
`
`US-
`
`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 process) an applicati

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket