`
`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.
`
`13/903,420
`
`ISSUE DATE
`
`11/17/2015
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`9189787
`
`RFID-081C2
`
`1028
`
`7590
`26797
`LogicPatents, LLC
`21701 Stevens Creek Boulevard, #284
`CUPERTINO, CA 95015
`
`10/28/2015
`
`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 24 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):
`
`RFCyber Corporation, Fremont, CA;
`Liang Seng Koh, Fremont, CA;
`Futong Cho, Milpitas, CA;
`Hsin Pan, Fremont, CA;
`Fuliang Cho, San Jose, CA;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IR103 (Rev. 10/09)
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 1 of 142
`
`
`
`Application/Control No.
`
`Applicant( s )/Patent Under
`Reexamination
`
`Search Notes
`
`13903420
`
`Examiner
`
`KOH ET AL.
`
`Art Unit
`
`CHRISTOPHER STANFORD
`
`2887
`
`Symbol
`G06Q 20/04, 12,341 ,32,382,3672
`
`I
`I
`
`Date
`1 /26/14
`
`I Examiner
`cs
`I
`
`CPC-SEARCHED
`
`CPC COMBINATION SETS - SEARCHED
`
`Symbol
`
`Date
`
`I
`I
`
`I Examiner
`I
`
`US CLASSIFICATION SEARCHED
`
`Class
`235
`340
`
`451,492
`572.1 ,572.3
`
`Subclass
`
`Date
`7/19/13
`7/19/13
`
`Examiner
`cs
`cs
`
`SEARCH NOTES
`
`Search Notes
`
`Parent Case Searches (2x)
`Inventor, Assignee Search
`Text Search (see search history report)
`Text Search (see search history report)
`
`INTERFERENCE SEARCH
`
`US Subclass / CPC Group
`
`US Class/
`CPC Symbol
`235
`705
`
`380,492
`40,41,64
`
`Date
`7/19/13
`7/19/13
`7/19/13
`1 /26/14
`
`Examiner
`cs
`cs
`cs
`cs
`
`Date
`
`1 /26/14
`1 /26/14
`
`Examiner
`cs
`cs
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.: 20140124
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 2 of 142
`
`
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`Issue Classification
`
`13903420
`
`Examiner
`
`CHRISTOPHER STANFORD
`
`KOH ET AL.
`
`Art Unit
`
`2887
`
`CPC
`
`Symbol
`
`G06Q
`
`MI 3672
`
`Type
`
`Version
`
`F
`
`2013-01-01
`
`CPC Combination Sets
`
`Symbol
`
`Type
`
`Set
`
`Ranking
`
`Version
`
`(Assistant Examiner)
`/CHRISTOPHER STANFORD/
`Primary Examiner.Art Unit 2887
`
`(Primary Examiner)
`
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`19
`
`(Date)
`
`10/08/2015
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`3C
`
`Part of Paper No. 20151008
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 3 of 142
`
`
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`Issue Classification
`
`13903420
`
`Examiner
`
`CHRISTOPHER STANFORD
`
`KOH ET AL.
`
`Art Unit
`
`2887
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`CLASS
`
`SUBCLASS
`
`CLAIMED
`
`NON-CLAIMED
`
`G
`
`0
`
`6
`
`Q
`
`20 I 00 (2012.01.01)
`
`CROSS REFERENCE($)
`
`CLASS
`
`SUBCLASS {ONE SUBCLASS PER BLOCK)
`
`(Assistant Examiner)
`/CHRISTOPHER STANFORD/
`Primary Examiner.Art Unit 2887
`
`(Primary Examiner)
`
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`19
`
`(Date)
`
`10/08/2015
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`3C
`
`Part of Paper No. 20151008
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 4 of 142
`
`
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`Issue Classification
`
`13903420
`
`Examiner
`
`CHRISTOPHER STANFORD
`
`KOH ET AL.
`
`Art Unit
`
`2887
`
`(cid:143)
`
`Claims renumbered in the same order as presented by applicant
`
`(cid:143)
`
`CPA
`
`(cid:143)
`
`T.D.
`
`(cid:143)
`
`R.1.47
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`18
`
`19
`
`10
`
`17
`
`18
`
`19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`(Assistant Examiner)
`/CHRISTOPHER STANFORD/
`Primary Examiner.Art Unit 2887
`
`(Primary Examiner)
`
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`19
`
`(Date)
`
`10/08/2015
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`3C
`
`Part of Paper No. 20151008
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 5 of 142
`
`
`
`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.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/903,420
`
`05/28/2013
`
`Liang Seng Koh
`
`RFID-081C2
`
`1028
`
`7590
`26797
`LogicPatents, LLC
`21701 Stevens Creek Boulevard, #284
`CUPERTINO, CA 95015
`
`10/20/2015
`
`EXAMINER
`
`STANFORD, CHRISTOPHERJ
`
`ART UNIT
`
`PAPER NUMBER
`
`2887
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/20/2015
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`uspatents@sbcglobal.net
`
`PTOL-90A (Rev. 04/07)
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 6 of 142
`
`
`
`Corrected
`Notice of Allowability
`
`Application No.
`13/903,420
`Examiner
`CHRISTOPHER STANFORD
`
`Applicant(s)
`KOH ET AL.
`Art Unit
`2887
`
`AIA (First Inventor to
`File) Status
`No
`
`-- 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. [gi This communication is responsive to amendments filed 11/19/2013.
`DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___ .
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the restriction
`requirement and election have been incorporated into this action.
`
`3. [gl The allowed claim(s) is/are 1-19. As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution
`Highway program at a participating intellectual property office for the corresponding application. For more information, please see
`~;ttp://V'vww.uspto.gov/patents/init events/pph/index.is_p or send an inquiry to PPHfeedback@uspto.aov .
`4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) D None of the:
`a) D All
`b) D Some
`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.
`5. D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`D including changes required by the attached Examiner's Amendment/ 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. (cid:143) 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 (PTO-892)
`2. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`3. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. D Interview Summary (PTO-413),
`Paper No./Mail Date __ .
`
`/CHRISTOPHER STANFORD/
`Primary Examiner, Art Unit 2887
`
`5. D Examiner's Amendment/Comment
`6. [gl Examiner's Statement of Reasons for Allowance
`7. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20151008
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 7 of 142
`
`
`
`Application/Control Number: 13/903,420
`Art Unit: 2887
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-A/A or AJA Status
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Allowable Subject Matter
`
`2.
`
`Claims 1-19 are allowed.
`
`The following is an examiner's statement of reasons for allowance: the prior art of
`
`record, taken alone or in combination with other references, neither teaches nor
`
`suggests:
`
`• A portable device for commerce, the portable device comprising: an emulator
`
`loaded in a smart card module for storing security values and updated
`
`transaction logs, and an e-purse applet to cause the portable device to function
`
`as an electronic purse (e-purse), wherein both of the emulator and e-purse applet
`
`are already personalized via a personalization process built on a first security
`
`channel so that the emulator is set to store a set of keys for subsequent data
`
`access authentication and the e-purse applet is configured to conduct a
`
`transaction with a network server over a second security channel; a first interface
`
`configured to perform field communication (NFC) with a reader to perform
`
`electronic commerce with thee-purse applet against a fund stored in the
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 8 of 142
`
`
`
`Application/Control Number: 13/903,420
`Art Unit: 2887
`
`Page 3
`
`emulator; a second interface configured to perform mobile commerce with a
`
`payment server via an application against the fund stored in the emulator; and a
`
`purse manager midlet being executed in the portable device to act as an agent to
`
`facilitate communications between thee-purse applet and a payment server to
`
`conduct transactions therebetween (claim 1 ).
`
`• A method for a portable device for commerce, the method comprising: loading a
`
`smart card module with an emulator for storing security values and updated
`
`transaction logs, and an e-purse applet to cause the portable device to function
`
`as an electronic purse (e-purse); personalizing the emulator and thee-purse
`
`applet via a personalization process built on a first security channel so that the
`
`emulator is set to store a set of keys for subsequent data access authentication
`
`and the e-purse applet is configured to conduct a transaction with a network
`
`server over a second security channel; performing near field communication
`
`(NFC) via a first interface with a reader to perform electronic commerce with the
`
`e-purse applet against a fund stored in the emulator; and performing mobile
`
`commerce via a second interface with a payment server via an application
`
`against the fund stored in the emulator, wherein the application is executed in the
`
`portable device to act as an agent to facilitate communications between thee(cid:173)
`
`purse applet and a payment server to conduct transactions therebetween. (claim
`
`10)
`
`Additionally the prosecution history evidences the reasons why the Applicant's
`
`claims distinguish the invention over prior art. Specifically evidence and statements
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 9 of 142
`
`
`
`Application/Control Number: 13/903,420
`Art Unit: 2887
`
`Page 4
`
`presented in the Response dated 11/19/2013 persuasively argue how the claims
`
`distinguish over prior art (see pages 10-11 in particular).
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled "Comments on
`
`Statement of Reasons for Allowance."
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER STANFORD whose telephone number
`
`is (571 )270-3337. The examiner can normally be reached on Monday through Fridays,
`
`8am-5pm PST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Steve Paik can be reached on (571) 272-2404. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 10 of 142
`
`
`
`Application/Control Number: 13/903,420
`Art Unit: 2887
`
`Page 5
`
`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://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/CHRISTOPHER STANFORD/
`Primary Examiner, Art Unit 2887
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 11 of 142
`
`
`
`Index of Claims
`
`Application/Control No.
`
`Applicant( s )/Patent Under
`Reexamination
`
`13903420
`
`Examiner
`
`KOH ET AL.
`
`Art Unit
`
`CHRISTOPHER STANFORD
`
`2887
`
`✓
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`--
`
`(cid:143)
`
`(cid:143)
`
`CPA
`
`(cid:143)
`
`T.D.
`
`(cid:143)
`
`R.1.47
`
`DATE
`
`Claims renumbered in the same order as presented by applicant
`
`CLAIM
`Final
`Original
`1
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`2
`
`3
`
`4
`
`5
`
`6
`
`07/19/2013 01/26/2014
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`7
`
`8
`
`9
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`10
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`✓
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`=
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.: 20140124
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 12 of 142
`
`
`
`Office of Petitions: Routing Sheet
`
`111111
`4 7 0 0
`
`Application No. 13903420
`
`This application is being forwarded to your office for
`further processing. A decision has been rendered on a
`petition filed in this application, as indicated below.
`For details of this decision, please see the document
`PET.OP.DEC filed on the same date as this document.
`
`[K]GRANTED
`
`(cid:143) DISMISSED
`(cid:143) DENIED
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 13 of 142
`
`
`
`Office of Petitions: Decision Count Sheet
`
`Mailing Month I
`
`Application No.
`
`I llllll lllll lllll lllll lllll lllll 111111111111111111
`* 1 3 9 0 3 4 2 0 *
`I
`For US serial numbers: enter number only, no slashes or commas. Ex: 10123456
`For PCT: enter "51 +single digit of year of filing+last 5 numbers", Ex. for PCT/US05/12345, enter 51512345
`
`13903420
`
`Deciding Official:
`
`Count (1)- Palm Credit
`
`Decision: ! GRANT
`8
`
`.,... j
`
`M~~
`
`!GRANT, CHARLEMA
`13/903,420
`FINANCE WORK NEEDED
`
`~ i select Claeck '"fo'YES
`
`Decision Type: \ 502 -37 CFR 1.137(b)- REVIVAL BASED ON UNINTENTIC .... j
`
`:,
`
`~-..:,:,:,:,.,
`
`Notes:
`
`Count (2)
`
`Decision: ! n/a
`
`.,:J
`
`FINANCE WORK NEEDED
`
`[[7····· Select.Claeck.B".'°' YES
`
`I
`
`111111111111111111 IIIIII IIIII II IIII
`* G R A N T *
`
`11111111111111111 IIII IIII
`5 0 2
`*
`*
`
`Decision Type:
`
`! NONE
`
`,.;
`
`~
`
`....................................................................................................................................................................................................................................................................................................................................................................................................................................
`
`.,...j
`
`~ ............... ~
`
`Notes:
`
`Count (3)
`
`Decision: ! n/a
`
`Decision Type: j NONE
`
`:,;
`
`Notes:
`
`.,:J
`
`FINANCE WORK NEEDED
`
`[(cid:143) ...... Select.C: '°'fo'.YES
`
`";']
`, .................
`
`Initials of Approving Official (if required)
`
`If more than 3 decisions, attach
`2nd count sheet & mark this box
`
`, ......... "'
`~ ......... ,
`~
`~
`
`Printed on:
`
`9/10/2015
`
`Office of Petitions Internal Document - Ver. 5.0
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 14 of 142
`
`
`
`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.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/903,420
`
`05/28/2013
`
`Liang Seng Koh
`
`RFID-081C2
`
`1028
`
`7590
`26797
`LogicPatents, LLC
`21701 Stevens Creek Boulevard, #284
`CUPERTINO, CA 95015
`
`09/18/2015
`
`EXAMINER
`
`STANFORD, CHRISTOPHERJ
`
`ART UNIT
`
`PAPER NUMBER
`
`2887
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/18/2015
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`uspatents@sbcglobal.net
`
`PTOL-90A (Rev. 04/07)
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 15 of 142
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`DECISION ON PETITION
`
`In re Application of
`Koh et al.
`Application No. 13/903,420
`Filed: May 28, 2013
`Attorney Dkt No. RFID-081C2
`For. METHOD AND APPARATUS FOR
`CONDUCTING E-COMMENCE AND M(cid:173)
`COMMENCE
`
`This is a decision on the petition under the unintentional provisions of 37 CPR l.137(a), filed
`February 12, 2015, to revive the above-identified application.
`
`The petition is GRANTED.
`
`This application became abandoned for failure to timely submit the inventor's oath or declaration
`no later than the date the issue fee is paid pursuant to 35 USC 115 (f). Extensions of time were
`not available under the provisions of 37 CPR l.136(a). A Notice of Abandonment was mailed
`on August 22, 2014.
`
`The petition satisfies the requirements of 37 CPR l.137(a) in that petitioner has supplied (1) the
`reply in the form of payment of the declaration pursuant to 37 CPR 1.63, (2) the petition fee of
`$850; and (3) a proper statement of unintentional delay.
`
`Telephone inquiries concerning this decision should be directed to the undersigned at (571) 272-
`3215.
`
`This application is being referred to the Office of Data Management for further processing.
`
`/Charlema Grant/
`Charlema Grant
`Attorney Advisor
`Office of Petitions
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 16 of 142
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant(s):
`Title:
`
`Liang Seng Koh et al
`Method and apparatus for conducting e-commence and m(cid:173)
`commence
`Serial No.:
`13/903,420
`Confirmation No.: 1028
`Filing Date:
`05/28/2013
`Examiner:
`Chris Stanford
`Group Art Unit:
`2887
`Docket No:
`RFID-081C2
`
`Sept. 16, 2015
`
`Mail Stop: PETITION
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`Status Inquiry
`
`The Applicant has filed a Petition to revive the above-referenced application on
`
`February 12, 2015. As of today, the Petition has not been reviewed.
`
`The Applicant wishes to know when the Petition will be reviewed.
`
`Please telephone the undersigned at (408)777-8873, if there are any questions.
`
`I hereby certify that this correspondence is
`being deposited with the United States Postal
`Service as first class mail in an envelope
`addressed to" Box: Non-Fee Amendment
`Commissioner of Patents and Trademarks
`P. 0. Box 1450, Alexandria, VA 22313-1450",
`on Sept. 19, 2015.
`
`Name: Joe Zheng
`
`Signature: / joe zheng /
`
`Respectfully submitted,
`
`/ joe zheng /
`
`Joe Zheng
`Reg. No.: 39,450
`
`Page 1 of 1
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 17 of 142
`
`
`
`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`23514959
`
`13903420
`
`International Application Number:
`
`Confirmation Number:
`
`1028
`
`Title of Invention:
`
`METHOD AND APPARATUS FOR CONDUCTING E-COMMENCE AND M-
`COMMENCE
`
`First Named Inventor/Applicant Name:
`
`Liang Seng Koh
`
`Customer Number:
`
`26797
`
`Filer:
`
`Joe Zheng
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`RFID-081C2
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`16-SEP-2015
`
`28-MAY-2013
`
`17:50:57
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`I no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`67492
`
`1
`
`Request for status of Application
`
`Statuslnquiry.pdf
`
`no
`
`1
`
`bfdfa24822c781 f33937192dd3a 16df2d841
`b516
`
`Warnings:
`
`Information:
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 18 of 142
`
`
`
`Total Files Size (in bytes)
`
`67492
`
`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 Applications 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 Application 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/EO/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 Application 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/RO/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.
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 19 of 142
`
`
`
`Doc Code: PET.OP
`Document Description: Petition for Review by the Office of Petitions
`
`PTO/SB/61~ (l?-13)
`Approved for· u::,e through fflj3l/2016. 0MB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPAFtHv'IENT OF COIVlMERCE
`Urdei· tf-.e Paperwork Red•Jction Act r,f 199.5, ro oersors are requirnd to respond to a coPectfon of information unless ft d[soiav·s a va!id OME; controi n•Jrnbei·.
`Docket Number (Optional)
`RFID-081C2
`
`PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT
`ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
`Page 1 of 2
`
`First named inventor: Liang Seng Koh
`Applicat;on No.: _1_3_!_9_0_3_,_4_2_0 ___________ _
`Fiied: 05/28/2013
`
`Art Unit: 2887
`- - - - - - - - - - - - - - - - - - - - -
`Examiner: Chris Stanford
`
`Title: Method and apparatus for conducting e-comrnence and m-commence
`
`Attention: Office of Petitions
`Mail Stop Petition
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22.313-14'.i0
`FAX (571) 273-8300
`
`r~OTE: if information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
`
`rhe above-;dentif;ed appiication became abandoned for faiiure to file a timeiy and pmper reply to a notice or action by the United States
`Patent and Trademark Office. The date of abandonment is the day after the expiration date of the period set for reply in the Office notice or
`action plus anv extensions of time actua!!y obtained.
`
`APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION.
`NOH: A grantable pet;tion requires the following items:
`
`(l) Petition fee;
`(2) Reply and/or issue fee;
`(3) Terminal disclaimer with disclaimer fee - required for all utility and plant applications filed before June 8, 1995, and for all
`design applications; and
`(4) Statement that the ent;re delay was unintentional.
`
`L Petition fee
`[Z] Small entity fee$ _B_S_O ___ (37 CFR 1.17(m)). Applicant asserts small entity status. See 37 UR 1.27.
`D Undiscounted fee$ ____ (37.CFR.1.17(n1)).
`
`2. Reply and/or fee
`
`A The reply and/or fee to the above-noted Office notice or action in the form of
`
`_S_i_g_n_e_d_O_a_t_h_lD_e_c_la_r_a_ti_o_n _____________ (idemify the type of reply):
`D has been filed previousiy on _________________ _
`[ZI is enclosed herewith.
`
`B
`
`-rhe ;ssue fee and publication fee (if applicable) of$ ___ _
`[Z] has been paid previously on _M_a_r_c_h_1_9_. _, _2_0_1_4 __________ _
`D is enclosed herewith.
`
`This collection of information is required by 37 CFR 1.137(a). The information is required 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, 1.14 and 41.6. This collection is estimated to take 1 hour 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: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`if you need assistance in completing the form, calf 1·-800-PT0.·9199 and select option 2.
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 20 of 142
`
`
`
`Doc Code: PET.OP
`Document Description: Petition for Review by the Office of Petitions
`
`PTO/SB/61~ (l?-13)
`Approved for· u::,e through fflj3lj2016. 0MB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPAFtHv'IENT OF COIVlMERCE
`Urdei· tf-.e Paperwork Red•Jction Act r,f 199.5, ro oersors are requirnd to respond to a coPectfon of information unless ft d[soiays a va!id OME; controi n•Jrnbei·.
`
`PETIT!ON FOR REVIVAL OF AN APPLICATION FOR PATENT
`ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(a)
`Page 2 of 2
`
`3, Terminal disclaimer with disclaimer fee
`[Z] Since this utility/plant application was filed on or after June 8, 1995, no terminal disclaimer is required.
`D A terminal disc!aimer (and disclaimer fee (37 CFR 1.20(d)) o f$ - - -~ ) disclaiming the required period of time is enc!osed
`
`herewith (see PTO/SB/63).
`
`4, STATEMENT: The entire delay in fiiing the required reply from the due date for the required reply until the filing of a grantable petition
`under 37 CfR 1.137(a) was urnntentiona!. [NOTE: The United States Patent and -rrademark Office may require add;tional information if there is
`a quest;on as to whether either the abandonment or the delay in filing a petition under 37 CFR 1.137(a) was unintentional (MPEP 711.03(c),
`subsections (lll)(C) and (D)).]
`
`WARNING:
`
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that mav contribute to
`identity theft. Personal ;nformatio11 such as social security numbers, bank account numbers, or credit card numbers (other than a check or
`credit card authorization form PTO-2038 subrnitted for payment purposes) is never required by the USPTO to support a petition or an
`appiication. if this type of personal information is included in documents subrnitted to the USPTO, petitioners/applicants should consider
`redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the record
`of a patent application is available to the public after publication of the application (unless a non-publication request in compliance with 37 CFR
`1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may a!so be availab!e to
`the public if the app!ication is referenced ;11 a pub!ished applicat;on or a11 ;ssued patent (see 37 CFR 1.14). Checks and credit card authorization
`forn1s PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly available.
`I joe zheng /
`02/12/2015
`Signature
`Date
`Joe Zheng
`Typed or Printed Name
`Customer #:26797
`Address
`
`39,450
`Registration Number, if appiicable
`4087778873
`Telephone r~urnber
`
`Address
`
`Enclosures:
`[ZJ Fee Payment
`(cid:143) Reply
`D Termina! D;sclaimer form
`D ,<\dditional sheet(s) containing statements establishing unintentional delay
`[Z1 other: Signed Oath/Declaration
`
`CERTIFICATE OF MAILING OR TRANSMISSION [37 CFR 1.8(a)j
`
`I herebv certify that this correspondence is being:
`[Z1 Deposited with the United States Postal Service on the date shown below with sufficient postage as first class n1ail in an envelope
`addressed to: Mai! Stop Petition, Commissioner for Patents, P. 0, Box 1450_, Alexandria_, VA 22313-1450.
`D Transmitted by EFS-Web or facsimile on the date shown below to the United States Patent and Trademark Office at (571) 273-8300.
`02/12/2015
`/ joe zheng /
`Date
`
`Signature
`
`Joe Zheng
`Typed or printed name of person signing certificate
`
`GOOG-1002
`GOOGLE LLC v. RFCYBER CORP. / Page 21 of 142
`
`
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.l. 93-579) requires that you be given CE,rtain 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, LLS. Patent and
`Trad