throbber
PTO/SB/25 (07-09)
`Approved for use through 07131 /2012. 0MB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number.
`
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING I Docket Number (Optional)
`
`REJECTION OVER A PENDING "REFERENCE" APPLICATION
`
`0690.0016C12
`
`In re Application of: Carles Puente Baliarda, et al.
`
`Application No.: 13/732,761
`
`Filed: January 2, 2013
`
`For: Multilevel Antennae
`
`percent interest in the instant application hereby disclaims,
`100
`, of
`The owner•, Fractus, SA
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term of any patent granted on pending reference Application Number 13n32,755
`, filed
`, as such term is defined in 35 U.S.C. 154 and 173, and as the term of any patent granted on said reference
`on January 2, 2013
`application may be shortened by any terminal disclaimer filed prior to the grant of any patent on the pending reference application. The owner
`hereby agrees that any patent so granted on the instant application shall be enforceable only for and during such period that it and any patent
`granted on the reference application 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 of any patent granted on the instant application that would
`extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any patent granted on said reference
`application, "as the term of any patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the
`grant of any patent on the pending reference application ," in the event that: any such patent: granted on the pending reference application :
`expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of competent jurisdiction , 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 of its full statutory term as shortened by any terminal disclaimer filed prior to its grant
`
`Check either box 1 or 2 below, if appropriate.
`1. D For submissions on behalf of a business/organization (e.g., corporation , partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization .
`
`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
`belief are 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 may jeopardize the validity of the application or any patent issued thereon.
`2. l!2J The undersigned is an attorney or agent of record. Reg. No. _3_9_1_8_9 _____ _
`
`/Patrick J. Finnan/
`Signature
`
`December 18, 2014
`Date
`
`Patrick J. Finnan
`Typed or printed name
`
`301-424-3640
`Telephone Number
`
`D Terminal disclaimer fee under 37 CFR 1.20(d) is included.
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PT0-2038.
`
`·statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
`Form PTOISB/96 mav be used for makino this statement. See MPEP & 324.
`This collection of information is required by 37 CFR 1.321 . The information is requ ired to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
`the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner f or Patents, P .0 . Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form , call 1-800-PT0-9199 and select option 2.
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1011.0001
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 {P.L. 93-579) requires that you be given certain information in connection
`with your submission of the attached form related to a patent application or patent. Accordingly,
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record .
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of the Privacy Act of 197 4 , as
`amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in
`this system of records may be disclosed, as a routine use, to the International Bureau of the
`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator,
`General Services, or his/her designee, during an inspection of records conducted by GSA as
`part of that agency's responsibility to recommend improvements in records management
`practices and programs, under authority of 44 U.S .C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of records for this
`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after
`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
`pursuant to 35 U.S.C . 151 . Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`violation of law or regulation.
`
`ZTE v. Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1011.0002
`
`

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