UNITED STA IES PA PENT AND TRADEMARK OFFICE
`
`co
`
`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.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/694,135
`
`01/26/2010
`
`Philippe Kahn
`
`8689P027C
`
`5414
`
`7590
`
`01/12/2011
`
`8791
`
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`EXAMINER
`
`COSIMANO, EDWARD R
`
`ART UNIT
`
`PAPER NUMBER
`
`2863
`
`MAIL DATE
`
`DELIVERY MODE
`
`01/12/2011
`
`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)
`
`

`

`Application No.
`
`Applicant(s)
`
`12/694,135
`Examiner
`Application N。．
`
`SUPPLEMENTAL
`Notice of Allowability
`SUPPLEMENTAL
`12/694, 135
`KAHN ET AL.
`Edward R. Cosimano
`2857
`Notice of Allowability
`Examiner
`Art Unit
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address--
`Edward R. Cosimano
`I 2857
`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
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`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
`1. Z This communication is responsive to the amendment filed 19 October 2010.
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`2. Z The allowed claim(s) is/are 21-31.
`1 囚 This communication is responsive to the arr翩翩entfiled 19 October 2010.
`
`KAHN ET AL.
`Art Unit
`Applicant(s)
`
`3. q Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`2 囚 The allowed claim(s) is/are 左王1
`a) q All
`b) q Some* c) q None of the:
`3 口 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`1. q Certified copies of the priority documents have been received.
`of the:
`a）口 All
`b）口 Some*
`c）口 None
`2. ['Certified copies of the priority documents have been received in Application No.
`1. 口 Certified copies of the priority documents have been received.
`3. q Copies of the certified copies of the priority documents have been received in this national stage application from the
`2. 口 Certified copies of the priority documents have been received in Application No. 一一－
`International Bureau (PCT Rule 17.2(a)).
`3. 口 Copies of the certified copies of the priority documents have been received in this national stage application from the
`* Certified copies not received:
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received ：一－一·
`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.
`Applicant has THREE MONTHS FROM THE “ MAILING DATE” of this communication to file a reply complying with the requirements
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. q A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`4 口 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. q CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`5. 口 CORRECTED DRAWINGS (as “即lacement sheets”) must be submitted.
`(a) q including changes required by the Notice of Draftsperson's Patent Drawing Review ( P10-948) attached
`(a）口 including changes 陪quired by the Notice of Draftsperson’s Patent Drawing Review ( PT0-948) attached
`1) q hereto or 2) q to Paper No./Mail Date
`1 ）口 hereto or 2）口 to Paper No川ail Date 一一一·
`(b) q including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`(b）口 including changes 陪quired by the attached Examiner’s Amendment I Comment or in the Office action of
`Paper No./Mail Date
`Paper No./Mail Date 一一一一·
`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
`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).
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).
`
`6 口 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`6. q 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.
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`Attachment(s)
`1. 口 Notice of References Cited (PT0-892)
`1. q Notice of References Cited (P10-892)
`2. 口 Notice of Draftperson’s Patent Drawing Review (PT0-948)
`2. ['Notice of Draftperson's Patent Drawing Review (PTO-948)
`3. 口 Information Disclosure Statements (PTO/SB/08),
`3. q Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 一一一一
`4. 口 Examiner’S Comment Regarding Requirement for Deposit
`Paper No./Mail Date
`4. q Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`of Biological Material
`
`5. 口 Notice of Informal Patent Application
`5. q Notice of Informal Patent Application
`6. 口 Interview Summary (PT0-413),
`6. q Interview Summary (PTO-413),
`Paper No./Mail Date －－－一
`Paper No./Mail Date
`.
`7. 囚 Examiner’s Amendment/Comment
`7. Z Examiner's Amendment/Comment
`8. 囚 Examiner’s Statement of Reasons for Allowance
`8. El Examiner's Statement of Reasons for Allowance
`9 ‘囚 Other Aooroved Drawina Correction.
`9. Z Other Approved Drawing Correction.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20110110
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20110110
`
`HTC v. Uniloc
`
`Page 2 of 184
`
`HTC Ex. 1002
`
`

`

`Application/Control Number: 12/694,135
`
`Page 2
`
`1.
`
`Art Unit: 2857
`Application/Control Number: 12/694, 135
`EXAMINER'S COMMENT
`Art Unit: 2857
`1.1 When preparing this Office action the Examiner considers the instant application to
`EXAMil叫ER’ s COMMENT
`
`Page 2
`
`include:
`1.1 When preparing this Office action the Examiner considers the instant application to
`A) the Oath/Declaration which was filed on 26 January 2010 and that is acceptable to the
`include:
`Examiner;
`A) the Oath/Declaration which was filed on 26 January 2010 and that is acceptable to the
`B) the content of the Abstract which was filed on 26 January 2010 and that is acceptable
`Exar丑iner;
`
`to the Examiner;
`B) the content of the Abstract which was filed on 26 January 2010 and that is acceptable
`
`2.
`
`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
`C）且gures 1, 2, 3, 4, 5, 6, 7, 8 & 9 of the set of drawings containing 9 sheets of 9 日gures
`comprising figure 2 as presented in the set of drawings filed on 26 January 2010 and figures 1, 3,
`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
`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;
`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
`D) the written description as filed on 26 January 2010 and amended on 26 January 2010
`and by the Examiner's amendment of 24 September 2010; and
`and by the Examiner’s amendment of24 September 2010; and
`E) the set of amended claims as filed on 26 January 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.
`F) the NON-Publication request filed on 26 January 2010.
`BENEFIT OF AN EARLIER FILING DATE
`2.
`BENEFIT OF AN EARLIER FILING DATE
`2.1 Applicant's claim for the benefit of an earlier filing date pursuant to 35 U.S.C. 120 is
`Applicant’s claim for the benefit of an earlier filing date pursuant to 35 U.S.C. 120 is
`2.1
`acknowledged.
`acknowledged.
`PRIOR ART FROM EARLIER APPLICATIONS
`PRIOR ART FROM EARLIER APPLICATIONS
`
`3.
`
`3.
`
`3.1
`3.1
`
`The Examiner has considered the prior art cited in the applications for which Applicant
`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.
`has claimed the benefit of an earlier filing date pursuant to 35 U.S.C. 120.
`If Applicant wishes any of the prior art that was cited in each of the base applications but
`3.1.1
`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
`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 proper! y completed PT0-1449
`grated on the instant application, then Applicant must provide a properly completed PTO-1449
`containing proper citations of the prior art that Applicant wishes to appear on any Patent that
`containing proper citations of the prior art that Applicant wishes to appear on any Patent that
`may be granted on the instant application.
`may be granted on the instant application.
`3.
`REASONS FOR ALLO矶TANCE
`REASONS FOR ALLOWANCE
`The following is a statement of reasons for the indication of allowable subject matter:
`The following is a statement of reasons for the indication of allowable subject matter:
`A) the prior art, for example:
`A) the prior art, for example:
`
`3.1
`3.1
`
`3.
`
`HTC v. Uniloc
`
`Page 3 of 184
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`HTC Ex. 1002
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`

`

`Application/Control Number: 12/694,135
`
`Page 3
`
`Art Unit: 2857
`Application/Control Number: 12/694, 135
`Page 3
`(1) either Richardson et al (5,976,083 or 6,135,951) or Ebeling et al (6,145,389)
`Art Unit: 2857
`or Tsuji (2005/0232388 or 2005/0238132 or 7,169,084 or 7,297,088) or Darley
`(1) either Richardson et al (5,976,083 or 6,135,951) or Ebeling et al (6,145,389)
`(6,611,789 or 2007/0061105 or 2007/0208531 or 2010/0057398) or Park et al
`or Tsuji (2005/0232388 or 2005/0238132 or 7,169,084 or 7,297,088) or Darley
`(2007/0067094) disclose a machine/process that provides the useful and beneficial
`(6,611,789 or 2007/0061105 or 2007/0208531 or 2010/0057398) or Park et al
`function of monitoring the physical fitness activities of an user. To monitor the physical
`(2007 /0067094) disclose a machine/process that provides the useful and beneficial
`fitness activities of the user, an accelerometer is used in order to monitor the acceleration
`function of monitoring the physical fitness activities of an user. To monitor the physical
`
`of the user during a physical fitness activity of the user. The measured acceleration of the
`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
`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
`evaluated in order to: (la) detect any variation in the measured acceleration that would
`represent a particular physical fitness activity of the user; and (lb) to make a more
`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
`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.
`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
`In this 1丑anner 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
`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
`stride and the total distance traveled by the user during a step or stride. 引There in either
`Darley (6,611,789 or 2007/0061105 or 2007/0208531 or 2010/0057398) when a step is
`Darley 币，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
`not detected with in a predetermined period/interval of time and then wakes the
`pedometer up when a step is detected.
`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
`(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
`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
`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
`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.
`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
`(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
`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 仕equency is
`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 predeterrηined period/interval of time and
`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.
`then wakes the pedometer up when a step is detected.
`
`HTC v. Uniloc
`
`Page 4 of 184
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`HTC Ex. 1002
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`

`

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

`

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

`

`° UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BIB DATA SHEET
`
`Pagel oft
`
`UNITED STATES DEPARTMENT OE 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
`
`SERIAL NUMBER
`12/694,135
`
`FILING or 371(c)
`01/DATE26/2010
`RULE
`
`CLASS
`702
`
`GROUP ART UNIT ATTORNEY DOCKET
`NO.
`2857
`8689 027C
`
`0 = at e
`
`STATE OR
`COUNTRY
`CA
`
`SHEETS
`DRAWINGS
`9
`
`TOTAL
`CLAIMS
`11
`
`INDEPENDENT
`CLAIMS
`2
`
`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 YES /ERC/
`** FOREIGN APPLICATIONS ************************* NONE /ERG/
`** IF REQUIRED, FOREIGN FILING LICENSE GRANTED **
`02/05/2010
`li Yes a No
`Foreign Priority claimed
`35 USG 119(a-d) conditions met 0 Yes V No
`Verified and
`!EDWARD R
`COSIMANO/
`Examiners Signature
`
`Initials
`
`Acknowledged
`ADDRESS
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`UNITED STATES
`TITLE
`Human Activity Monitoring Device
`
`FILING FEE
`RECEIVED
`1090
`
`FEES: Authority has been given in Paper
`No.
`to charge/credit DEPOSIT ACCOUNT
`No.
`for following:
`
`0 All Fees
`0 1.16 Fees (Filing)
`0 1.17 Fees (Processing Ext. of time)
`0 1.18 Fees (Issue)
`0 Other
`0 Credit
`
`DIE (Rev. 05/07).
`
`

`

`Receipt date: 10/19/2010
`
`12694135 - GAU: 2857
`
`APPROVED
`/ERC/
`21 December 2010
`
`Filter
`120
`
`Acceleration
`Measuring
`Logic
`105
`
`Timer
`170
`
`/ Final Step/
`Count 4
`175
`
`Dominant Axis Logic 127
`Dominant
`Rolling Average
`Axis Setting
`Logic 135
`Logic
`+4
`140
`Cadence Logic
`132
`
`Measurement
`Selection
`Logic 145
`
`• 4,
`Measurement
`Comparator
`155
`
`♦
`/ Cadence
`Window
`150
`
`\
`
`Threshold
`Comparator
`160
`
`/ Step Count /
`Buffer
`165
`
`\
`
`\
`
`Mode
`
`Logic Logic
`190
`
`Step Counting Logic 130
`
`Electronic Device 100
`
`Figure 1
`
`

`

`UNITED STA 1ES PA PENT AND TRADEMARK OFFICE
`
`o
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O.Box 1450
`Alexandria, Virginia 22313-1450
`www uspte 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)
`
`

`

`UNITED STA IES PA PENT AND TRADEMARK OFFICE
`
`co
`
`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.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/694,135
`
`01/26/2010
`
`Philippe Kahn
`
`8689P027C
`
`5414
`
`7590
`
`12/23/2010
`
`8791
`
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`EXAMINER
`
`COSIMANO, EDWARD R
`
`ART UNIT
`
`PAPER NUMBER
`
`2863
`
`MAIL DATE
`
`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)
`
`

`

`Response to Rule 312 Communication
`
`Response to Rule 312 Communication
`
`Application No.
`
`Applicant(s)
`
`12/694,135
`Application N。．
`Examiner
`
`12/694, 135
`Edward R. Cosimano
`Examiner
`
`KAHN ET AL.
`Applicant(s)
`Art Unit
`
`KAHN ET AL.
`2857
`Art Unit
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address —
`Edward R. Cosimano
`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) q entered.
`1. 囚 The amendment filed on 19 October 201 O under 37 CFR 1.312 h 臼 been considered, and h臼 been:
`
`b) Z
`
`entered as directed to matters of form not affecting the scope of the invention.
`a）口 entered.
`
`c) q disapproved because the amendment was filed after the payment of the issue fee.
`b ）囚 entered as directed to matters of form not affecting the scope of the invention.
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`c）口 disapproved because the amendment was filed after the payment of the issue fee.
`and the required fee to withdraw the application from issue.
`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) q disapproved. See explanation below.
`d ）口 disapproved. See explanation below.
`e) q entered in part. See explanation below.
`e ）口 entered in part. See explanation below.
`
`U.S. Patent and Trademark Office
`PTOL-271 (Rev. 04-01)
`U.S. Patent and Trademark Office
`PTOL-271 (Rev. 04-01)
`
`/Edward R. Cosimano/
`Primary Examiner
`/Edward R. Cosimano/
`Art Unit: 2857
`Primary Examiner
`Art Unit: 2857
`Reponse to Rule 312 Communication
`
`Part of Paper No. 20101221
`
`Reponse to Rule 312 Communication
`
`Part of Paper No 20101221
`
`HTC v. Uniloc
`
`Page 11 of 184
`
`HTC Ex. 1002
`
`

`

`Receipt date: 10/19/2010
`
`Receipt date: 10/19/201 O
`
`12694135 - GAU: 2857
`
`12694135 - GAU: 2857
`
`Attorney's Docket No.: 8689P027C
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`Attorney's Docket No.: 8689P027C
`PATENT
`
`In re Application of:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`Philippe Kahn, et al.
`
`Examiner: Cosimano, Edward R.
`
`Philippe Kahn, et al.
`Application No.: 12/694,135
`
`Examiner: Cosimano, Edward R.
`Art Unit: 2863
`
`Application No.: 12/694,135
`Filed:
`January 26, 2010
`
`Art Unit: 2863
`Confirmation No.: 5414
`
`Confirmation No.: 5414
`Date of NOA: September 24, 2010
`II Date of NOA: September 24, 2010
`
`Filed:
`January 26, 2010
`For: HUMAN ACTIVITY MONITORING
`DEVICE
`For: HUMAN ACTIVITY MONITORING
`DEVICE
`Mail Stop Issue Fee
`Commissioner for Patents
`Mail Stop Issue Fee
`P.O. Box 1450
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Alexandria, VA 22313-1450
`OK TO ENTER RULE 312
`OK TO ENTER RULE 312
`/ERC/
`/ERC/
`21 December 2010
`21 December 2010
`
`AMENDMENT UNDER 37 C.F.R. § 1.312
`AMENDMENT UNDER 37 C.F.R. § 1.312
`(Amendment After Allowance)
`(Amendment After Allowance)
`
`Sir:
`Sir:
`
`In Response to the Notice of Allowance mailed on September 24, 2010, the Applicant
`In Response to the Notice of Allowance mailed on September 24, 2010, the Applicant
`
`respectfully requests the Examiner to enter the following amendment.
`respectfully requests the Examiner to enter the following amendment.
`
`Amendments to the Drawings begin on page 2 of this paper.
`Amendments to the Drawings begin on page 2 of this paper.
`
`Remarks begin on page 3 of this paper.
`Remarks begin on page 3 of this paper.
`
`CERTIFICATE OF ELECTRONIC FILING
`CERTIFICATE OF ELECTRONIC FILING
`I hereby c巳rtify that this correspondenc巳 is being deposited with th巳 Unit巳d Stat巳s Pat巳nt and Trad巳mark Offic巳 via
`T hereby certify that this correspondence is being deposited with the United States Patent and Trademark Office via
`d巳ctronic filing through th巳 Unit巳d Stat巳s Pat巳 nt and Trad巳mark El巳ctronic Filing System on:
`electronic filing through the United States Patent and Trademark Electronic Filing System on:
`October 19. 2010
`October 19, 2010
`B巳ttv Seal巳tta
`Betty Scaletta
`
`Dat巳 of D巳posit
`Date of Deposit
`Nam巳 of Person Filing Corr巳 spond巳nc巳
`Name of Person Filing Correspondence
`
`IE巳ttv Seal巳tta/
`
`/Betty Scaletta/
`
`Signature
`
`Signature
`
`
`
`Dat巳
`10-19-2010
`
`Date
`
`10 19 2010
`
`Serial No.: 12/694,135
`
`