`
`UNITED STATES PATENT 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.goyv
`
`
`
`13/959,708
`
`09/14/2021
`
`11122357
`
`122174-10134
`
`5622
`
`21125
`
`7590
`
`08/25/2021
`
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEVARD
`BOSTON, MA 02210-2604
`
`ISSUE NOTIFICATION
`
`The projected patent number andissue date are specified above.
`
`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 adjustmentonthe front page.
`
`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis 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) WEBsite (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 WEBsite http://pair-uspto.gov for additional applicants):
`
`Gregory C. Burnett, Dodge Center, MN;
`Jawbone Innovations, LLC, Marshall, TX;
`
`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 USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`IR103 (Rev. 10/09)
`
`Amazon v. Jawbone
`US. Patent 11,122,357
`
`Amazon Ex. 1010
`
`- 1 -
`
`Amazon v. Jawbone
`U.S. Patent 11,122,357
`Amazon Ex. 1010
`
`
`
`Best Available Copy
`
`PART B-FEE(S) TRANSMITTAL
`
`By fax, send to:
`
`(571) 273-2885
`
`VU rAP
`
`4 6
`
`APPLICATION NO
`13/959,708
`
`
`
`TITLE OF INVENTION:
`
`Complete and send this form, together with the applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to:
`Mail Stop ISSUE FEE
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks L 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 1 for any change of address)
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`21125
`7590
`08/02/2021
`papers, Each additional paper, such as an assignment or formal drawing, must
`NUTTER MCCLENNEN & FISH LLP
`haveits own certificate ofmailing or transmission.
`
`“
`Seaport West
`Certificate of Mailing or Transmission
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`%
`155 Seaport Boulevard
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`st
`.
`States Postal Service with sufficient postage forfirst class mail in an envelope
`Boston, Massachusetts 02210-2604
`addressed to theMail Stop ISSUE FEEaddress above, orbeing transmitted to the
`AUG 12 2021
`& USPTO via EFS-Weborby facsimile to (571) 273-2885,onthedatebelow.
`
`nest.
`Jeffrey T. Klayman
`(Typed or printed name)
`
`oe
`Jeffrey T. Klayman, #39,250/
`(Signature)
`
`August 12, 2021
`(Date)
`
`
`
`
`
`FIRST NAMED INVENTOR
`FILING DATE
`ATTORNEY DOCKET NO
`CONFIRMATION NO
`Gregory C. Burnett
`08/05/2013
`122174-10134
`3622
`
`
`
`FORMING VIRTUAL MICROPHONE ARRAYS USING DUAL OMNIDIRECTIONAL MICROPHONE
`ARRAY (DOMA)
`
`
`
`
`
`
`
`
`
`$600
`
`$0.00
`
`EXAMINER
`PIZZARO CRESPO, MARCOS D
`
`
`
`$480.00
`
`
`
`$120
`
`11/02/2021
`
`
`
`CLASS-SUBCLASS
`381-092000
`
`
`
`
`1. Nutter McClennen & Fish LLP
`
`141449
`
`
`2. Forprinting on the patent front page,list
`1. Change of correspondence addressorindicationof "Fee
`:
`Address” (37 CFR 1.363)
`(1) The namesofupto 3 registered patent attorneys
`
`or agents OR, alternatively,
`Change ofcorrespondence address (or Change of
`(2) The nameofasingle firm (having as a member
`Correspondence Address form PTO/SB/122)attached.
`a registered attorney or agent) and the namesof
`[| “Fee Address”indication (or “Fee Address”Indication
`
`upto 2 registered patent attorneys or agents. If
`3.
`form PTO/SB/47; Rev 03-09 or more recent)
`no name is listed, no name will be printed.
`attached. Use of a Customer Numberis required.
`
`3.
`ASSIGNEE NAME AND RESIDENCE DATATO BE PRINTED ON THE PATENT (printortype)
`PLEASE NOTE:Unlessan assigneeis identified below, no assignee data will appearon the patent. If an assignecis identified below, the document must have been
`previously recorded,orfiled for recordation,as set forth in 37 CFR 3.11 and 37 CFR 3.81{a). Completion of this form is NOT a substitute forfiling an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE ar COUNTRY)
`Jawbone Innovations, LLC
`Marshall, Texas
`
`Please checkthe appropriate assignee category orcategories (will notbeprinted onthe patent):[] Individual Corporationorotherprivate group entity [| Governmentne
`4a, Fees Submitted: Issue Fee[_] Publication Fee (if required) [| Advance Onder# ofCopies
`
`4b. Method of Payment (Please first reapply anypreviouslypaidfee shown above):
`Electronic Payment via EFS-Web [| Enclosed check [| Nor-electronic payment by credit card (Attach form PTO-2038)
`The Directoris hereby authorized to charge the required fee(s), any deficiency, or credil any overpaymentto Deposit Aécount No.
`5. Change of Entity Status (from status indicated above)
`NOTE: Absent avalid Certification ofMicro Entity Status (see forms PTO/SB/ISA and 15B), issuefee
`[| Applicant certifying micro entity status. See 37 CFR 1.29,
`payment in the micro entity amountwill not be accepted atthe risk of application abandonment.
`
`[| Applicantasserting small entity status. See 37 CFR 1.27. NOTE:Ifthe application was previously under micro entity status, checking this box will be taken as
`a notification of loss of entitlement to micro entity status.
`
`[| Applicant changing to regular undiscounted fee status. NOTE:Checking this box will be taken asa notification ofloss ofentitlementto small or micro entity
`status, as applicable.
`
`
`Authorized Signature
`Typed orprinted name
`
`‘Jeffrey T. Klayman, #39,250/
`Jeffrey T. Klayman
`
`August 12, 2021
`Date
`Registration No.
`
`39,250
`
`PTOL-85 Part B (08-18) Approved for use through 03/31/2023
`
`OMB 0651-0033
`
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`- 2 -
`
`
`
`
`
`UNITED STATES PATENT 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.USPLO.gOV
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEVARD
`BOSTON, MA 02210-2604
`
`PIZARRO CRESPO. MARCOS D
`
`2814
`DATE MAILED: 08/02/2021
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`13/959.708
`
`08/05/2013
`
`Gregory C. Burnett
`
`122174-10134
`
`5622
`
`TITLE OF INVENTION: FORMING VIRTUAL MICROPHONE ARRAYS USING DUAL OMNIDIRECTIONAL MICROPHONE ARRAY (DOMA)
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$600
`
`$0.00
`
`$480.00
`
`$120
`
`11/02/2021
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITSIS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROMISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THEISSUE FEE AND PUBLICATIONFEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING
`
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOTBE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`THIS APPLICATION(AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THEISSUE FEE NOW DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shownabove.If the ENTITY STATUSis shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shownabove.
`
`If the ENTITY STATUS is changed from that shown above, on PARTB - FEE(S) TRANSMITTAL, complete section number5 titled
`"Change in Entity Status (from status indicated above)”.
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`Il. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occurdueto the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`I. All communications regarding this application must give the application number.Please direct all communicationsprior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER:Maintenancefees are duein utility patents issuing on applications filed on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. More informationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`Page 1 of 3
`
`PTOL-85 (Rev. 02/11)
`
`-3-
`
`- 3 -
`
`
`
`PART B - FEE(S) TRANSMITTAL
`
`By tax, send to:
`
`(571)-273-2885
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to:
`Mail Stop ISSUE FEE
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`INSTRUCTIONS: This form should be usedfor transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks | through 5 should be completed where appropriate. All
`further correspondenceincluding the Patent, advanceorders and notification of maintenancefees will be mailedto the current correspondence addressas indicated unless corrected
`below or dirccted othcrwisc in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS"for maintenance fec notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its owncertificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby cerlify that this Fee(s) Transmittal is being deposiled with the Uniled
`Stales Postal Service with sufficient postage for first class mail in an envelope
`addressed lo the Mail Stop ISSUE FEE address above, or being transmilled to
`the USPTO via EFS-Webor by facsimile to (571) 273-2885, on the date below.
`Cyped or printed name)
`(Signature)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`08/02/2021
`7590
`21125
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEVARD
`BOSTON, MA 02210-2604
`
`(Datei
`
` APPLICATION NO.
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Gregory C. Burnett
`
`122174-10134
`
`5622
`
`13/959.708
`
`FILING DATE
`
`08/05/2013
`
`TITLE OF INVENTION: FORMING VIRTUAL MICROPHONE ARRAYS USING DUAL OMNIDIRECTIONAL MICROPHONE ARRAY (DOMA)
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$0.00
`
`$480.00
`
`$120
`
`11/02/2021
`
` EXAMINER
`
`PIZARRO CRESPO, MARCOS D
`
`2814
`
`381-092000
`
`ARTUNIT
`
`CLASS-SUBCLASS
`
`1. Change of correspondence addressor indication of "Fee Address" (37
`CFR 1.363).
`
`| Changeof correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`
` (I “Fee Address”indication (or "Fee Address" Indication form PTO/
`
`
`
`2. For printing on the patent front page,list
`(1) The namesof up to 3 registered patent attorneys
`or agents OR,alternatively, Vo
`(2) The nameof a single firm (having as a member a
`wo
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If no nameis
`listed, no name will be printed.
`
`Ga
`
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor lype)
`PLEASE NOTE:Unless an assignee is identified below, no assignee dala will appear onthe patent. If an assigneeis identified below, the document must have been previously
`recorded, or filed for recordation, as sel forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate assignee category or categories (will not he printed on the patent) : Individual LI Corporation or other private group entity I Government
`4a. Fees submitted:
`(lissue Fee
`(lpublication Fee (if required)
`(J Advance Order- # of Copies
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`(LJ Electronic Payment via EFS-Web
`(LI Enclosed check
`(I Non-electronic paymentby credit card (Attach form PTO-2038)
`I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`5. Change in Entity Status (from status indicated above)
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`| Applicant certifying micro entity status. See 37 CFR 1.29
`fee paymentin the micro entity amountwill not be acceptedatthe risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`| Applicant asserting small entity status. See 37 CFR 1.27
`to be a notification of loss of entitlement to micro entity status.
`
`NOTE:Checking this box will be taken to be a notification of loss of entitlement to small or micro
`| Applicant changing to regular undiscounted fee status.
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typedor printed name
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB0651-0033
`
`-4-
`
`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`- 4 -
`
`
`
`
`
`UNITED STATES PATENT 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.USPLO.gOV
`
`
`
`122174-10134
`
`5622
`
`13/959.708
`
`08/05/2013
`
`Gregory C. Burnett
`
`08/02/2021
`7590
`21125
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEVARD
`BOSTON, MA 02210-2604
`
`PIZARRO CRESPO. MARCOS D
`
`2814
`DATE MAILED: 08/02/2021
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)() to eliminate the requirement
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`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 Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`-5-
`
`- 5 -
`
`
`
`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`The Paperwork Reduction Act (PRA)of 1995 requires Federal agencies to obtain Office of Management and Budget
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`
`-6-
`
`- 6 -
`
`
`
`.
`
`pe
`
`13/959, 708
`
`Burnett, Gregory C.
`
`MARCOSD PIZARRO
`
`2814
`
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence adaress--
`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 GRANTOF PATENTRIGHTS.This application is subject to withdrawalfrom issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`.{¥] This communication is responsive to the submissfion filed on 11/9/2020.
`(1) A declaration(sVaffidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`:
`
`CJ An election was made by the applicant in responseto a restriction requirementset forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`the
`
` CG Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`Primary Examiner, Art Unit 2814
`
`[¥] The allowed claim(s)is/are 2-21 . As a result of the allowed claim(s), you maybe eligible to benefit from the Patent Prosecution
`Highway program ata participating intellectual property office for the corresponding application. For more information, please see
`http:/Avwww.uspto.gov/patents/init_events/pph/index_jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Certified copies:
`a) CAI b){JSome=*c) () None ofthe:
`
`1. (4 Certified copies of the priority documents have been received.
`2. (J Certified copies of the priority documents have beenreceived in Application No.
`3. (] 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 tofile a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTHPERIODIS NOT EXTENDABLE.
`
`5.) CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(J including changes required by the attached Examiner's Amendment / Commentor 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 drawingsin 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.) DEPOSIT OF and/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`
`1.0) Notice of References Cited (PTO-892) 5.4Examiner's Amendment/Comment
`2.( Information Disclosure Statements (PTO/SB/08),
`6. ( Examiner's Statement of Reasons for Allowance
`Paper No./Mail Date
`.
`3.1 Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.Z Interview Summary (PTO-413),
`Paper No./Mail Date.
`/Marcos D. Pizarro/
`
`7. CO Other
`
`.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`|
`Part of Paper No./Mail Date 25
`
`- 7 -
`
`
`
`Application/Control Number: 13/959,708 (Allowability Notice)
`Art Unit: 2814
`
`Page 2
`
`Attorney's Docket Number: ALI-O50ACON1
`Filing Date: 8/5/2013
`Applicant: Burnett
`
`Examiner: Marcos D. Pizarro
`
`Detailed Action / Examiner's Comment
`
`This Office action responds to the submission filed on 11/9/2020.
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AlA first
`
`to invent
`
`provisions.
`
`In the event the determination of the status of the application as subject to
`
`pre-AlAis incorrect, any correction of the statutory basis for a rejection, as subject to AIA
`
`instead, will not be considered a new ground of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`Terminal Disclaimer
`
`2.
`
`The terminal disclaimers filed on 11/2/2015 disclaiming the terminal portion of any
`
`patent granted on this application, which would extend beyond the expiration date of U.S.
`
`Patent No. 8,494,177 and any patent issued on U.S. Application No. 13/948,160 has been
`
`reviewed and is accepted.
`
`Reasonsfor Allowance
`
`Claims 2-21 are allowed.
`
`Any comments considered necessary by applicant must be submitted no later than
`
`3.
`
`4.
`
`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
`
`Allowance.”
`
`- 8 -
`
`
`
`Application/Control Number: 13/959,708 (Allowability Notice)
`Art Unit: 2814
`
`Page 3
`
`Conclusion
`
`5.
`
`Papers related to this application may be submitted directly to Art Unit 2814 by
`
`facsimile transmission. The faxing of such papers must conform with the notice published
`
`in the Official Gazette, 1096 OG 30 (15 November 1989). The Art Unit 2814 Fax Center
`
`number is (571) 273-8300. The Art Unit 2814 Fax Center is to be used only for papers
`
`related to Art Unit 2814 applications.
`
`6.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Marcos D. Pizarro at (571) 272-1716 and between the
`
`hours of 7:00 AM to 3:00 PM (Eastern Standard Time) Monday through Friday or by e-
`
`mail via Marcos.Pizarro@USPTO.gov.
`
`If attempts to reach the examiner by telephone
`
`are unsuccessful, the examiner’s supervisor, Wael Fahmy, can be reached on 571-272-
`
`1705.
`
`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
`
`accessto the private PAIR system, contact the Electronic Business Center (EBC) at 866-
`
`217-9197 (toll-free).
`
`/MarcosD. Pizarro/
`Primary Examiner, Art Unit 2814
`
`MP/mp
`26 July 2021
`
`- 9 -
`
`
`
`
`
`UNITED STATES PATENT 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
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/959,708
`
`FILING DATE
`
`08/05/2013
`
` APPLICATION NO.
`
`Gregory C. Burnett
`
`2064-0001
`
`5622
`
`Hard IP LLC (JAWB)
`48 Speir Dr
`South Orange, NJ 07079
`
`PIZARRO CRESPO, MARCOS D
`
`2814
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/13/2021
`
`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):
`USPTO @dockettrak.com
`
`ip@remotedocket.com
`kinza@hard-ip.net
`
`PTOT.-90A (Rev. 04/07)
`
`-10 -
`
`- 10 -
`
`
`
`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspta.gov
`
`In re Application of
`Burnett, Gregory, C.
`Application No. 13/959,708
`Filed: August 5, 2013
`Attorney Docket NO. 2064-0001
`For: FORMING VIRTUAL
`
`MICROPHONE ARRAYS USING DUAL
`
`OMNIDIRECTIONAL MICROPHONE
`ARRAY (DOMA)
`
`:
`: DECISION GRANTING PETITION
`> UNDER 37 CFR 1.313(c)(2)
`:
`
`This is a decision on the petition under 37 CFR 1.313(c)(2), filed November 9, 2020, to
`withdraw the above-identified application from issue after payment of the issue fee.
`
`The petition is GRANTED.
`
`The above-identified application is withdrawn from issue for consideration of a submission
`under 37 CFR 1.114 (request for continued examination). See 37 CFR 1.313(c)(2).
`
`Petitioneris advised that the issue fee paid on August 10, 2020 cannot be refunded.If,
`however, this application is again allowed, petitioner may request that it be applied towards
`the issue fee required by the new Notice ofAllowance.
`
`This application is being referred to Technology Center Art Unit 2814 for processing of the
`request for continued examination under 37 CFR 1.114 and for consideration of the request to
`change applicant’s name by way of application data sheet (ADS) filed and the substitute
`statement in lieu of the inventor’s oath or declaration.
`
`Telephone inquiries regarding this decision should be directed to undersignedat (571) 272-1642.
`
`! The request to applythe issuefee to the new Notice may be satisfied by completing and returning the new Part
`B - Fee(s) Transmittal Form (along with any balance due at the time of submission). Petitioneris advised that the Issue
`Fee Transmittal Form must be completed and timely submitted to avoid abandonment ofthe application.
`
`-11-
`
`- 11 -
`
`
`
`Application No. 13/959,708
`
`Page 2
`
`All other inquiries regarding the examination of this application should be directed to the
`Technology Centerat their customerservice line (571) 272-2815.
`
`/April M. Wise/
`Paralegal Specialist, Office of Petitions
`
`-12-
`
`- 12 -
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMM