`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONERFORPATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`13/959,708
`
`ISSUE DATE
`
`09/14/2021
`
`PATENT NO.
`
`11122357
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`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 and issue 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 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):
`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 USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`IR103 (Rev. 10/09)
`
`- 1 -
`
`Sony v. Jawbone
`
`U.S. Patent No. 11,122,357
`
`Sony Ex. 1010
`
`
`
`Best Available Copy
`
`By fax, send to:
`
`(571) 273-2885
`
`PART B-FEE(S) TRANSMITTAL
`Complete and send this fo~ together with the applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to:
`Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (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 l, 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)
`21125
`7590
`0810212021
`NUTTER MCCLENNEN & FISH LLP
`Seaport West
`155 Seaport Boulevard
`Boston, Massachusetts 02210-2604
`
`(A ui'AP "'t>._
`~UG 12 202~
`'* ~~
`
`(Signature)
`
`I
`
`APPLICATION NO
`13/959,708
`
`I I
`
`I
`
`I
`
`TITLE OF INVENTION:
`
`I I
`
`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 own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being transmitted to the
`USPTO via EFS-Web or by facsimile to (571) 273-2885, on the date below.
`Jeffrey T. Klayman
`(Typed or printed name)
`/Jeffrey T. Klayman #39 250/
`August 12 2021
`(Date)
`FILING DATE
`CONFIRMATION NO
`I ATTORNEY DOCKET NO
`FIRST NAMED INVENTOR
`I
`I
`122174-10134
`5622
`Gregory C. Burnett
`08/05/2013
`FORMING VIRTUAL MICROPHONE ARRAYS USING DUAL OMNIDIRECTIONAL MICROPHONE
`ARRAY (DOMA)
`ENTITYSTAlUS
`ISSUE FEE DUE
`$600
`SMALL
`
`PUBLICATION FEE DUE
`$0.00
`
`PREV. PAID ISSUE FEE
`$480.00
`
`DATE DUE
`11/02/2021
`
`EXAMINER
`PIZZARO CRESPO, MARCOS D
`
`ART UNIT
`2814
`
`CLASS-SUBCLASS
`381-092000
`
`1. Ch.nngc of correspondence address or indication of "Fee
`Address" (37 CFR 1.363)
`
`Correspondence Address fonn PlO/SB/122) attached.
`
`0 Change of correspondence address (or Change of
`0 "Fee Address" indication (or "Fee Address" Indication
`
`2. For printing on the potent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2} The name of a single fum (having as a member
`a registered attorney or agent) and the names of
`up to 2 registered patent attorneys or agents. If
`no name is listed, no name will be printed.
`
`1. Nutter McClennen & Fish LLP
`
`2.
`
`3.
`
`3.
`
`4a. Fees Submitted:
`4b. Method of Payment (Please first reapply any previously paid fee shown above):
`
`141449
`
`5. Change of Entity Status (from status indicated above)
`
`fonn PfO/SB/4 7; Rev 03..09 or more recent)
`attached. Use of a Customer Number is required.
`ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been
`previously recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.8I(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE or COUNTRY)
`Jawbone Innovations, LLC
`Marshall, Texas
`Please check the appropriate assignee category or categories (will not be printed on the patent): 0 Individual [!] Corporation or other private group entity D Government
`[!] Issue Fee D Publication Fee (if required) D Advance Order·# of Copies
`~Electronic Payment via EFS-Web D Enclosed check D Non-electronic payment by credit card (Attach form PT0-2038)
`W The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit A~count No.
`0 Applicant certifying micro entity status. See 37 CFR 1.29.
`D
`D
`
`Applicant asserting small entity status. See 37 CFR 1.27.
`
`Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid Certification of Micro Entity Status (see fonns PTO/SB/15A and JSB), issue fee
`payment in the micro entity amount will not be accepted at the risk of application abandonment
`NOTE: If the application was previously under micro entity status, checking this box will be taken as
`a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken as a notification of loss of entitlement to small or micro 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.
`/Jeffrey T. Klayman, #39,250/
`Date August 12,2021
`Jeffrey T. Klayman
`Registration No.
`
`Authorized Signature
`
`Typed or printed name
`
`39,250
`
`PTOL-85 Part B (08-18) Approved for use through 03/3112023
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`- 2 -
`
`
`
`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
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`21125
`7590
`08/02/2021
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEY ARD
`BOSTON, MA 02210-2604
`
`EXAMINER
`
`PIZARRO CRESPO, MARCOS D
`
`ART UNIT
`
`2814
`
`PAPER NUMBER
`
`DATE MAILED: 08/02/2021
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`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
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisiona1
`
`SMALL
`
`$600
`
`$0.00
`
`$480.00
`
`$120
`
`DATE DUE
`
`11102/2021
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`THE ISSUE FEE AND PUBLICATION FEE (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
`CANNOT BE 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 THE ISSUE FEE NOW DUE.
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is 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 shown above.
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 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.
`
`II. PART B- FEE(S) TRANSMITTAL, or its 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 occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Maintenance fees are due in 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 information is available at
`www .uspto.gov/PatentMaintenanceFees.
`
`Page 1 of 3
`
`PTOL-85 (Rev. 02/11)
`
`- 3 -
`
`
`
`PART B- FEE(S) TRANSMITTAL
`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
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected
`below or directed otherwise in Block 1. by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications.
`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 own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above. or being transmitted to
`the USPTO via EFS-Web or by facsimile to (571) 273-2885. on the date below.
`(Typed or printed name)
`
`By fax, send to:
`
`(571)-273-2885
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`21125
`7590
`08/02/2021
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEY ARD
`BOSTON, MA 02210-2604
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`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
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`SMALL
`
`$600
`
`$0.00
`
`$480.00
`
`$120
`
`DATE DUE
`
`11102/2021
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`PIZARRO CRESPO. MARCOS D
`
`2814
`
`381-092000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`
`2. For printing on the patent front page. list
`( 1) The names of up to 3 registered patent attorneys
`or agents OR. alternatively.
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed. no name will be printed.
`
`0 "Fee Address" indication (or "Fee Address" Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Number is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below. no assignee data will appear on the patent. If an assignee is identified below. the document must have been previously
`recorded. or filed for recordation. as set 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) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`2 ________________________ __
`
`Individual 0 Corporation or other private group entity 0 Government
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0
`0Issue Fee
`0Publication Fee (if required)
`0Advance Order- # of Copies __________ __
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paid fee shown above)
`0 Electronic Payment via EFS-Web
`0 Enclosed check
`0 Non-electronic payment by credit card (Attach form PT0-2038)
`0 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)
`0 Applicant certifying micro entity status. See 37 CFR 1.29
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B). issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status. checking this box will be taken
`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
`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.
`
`0 Applicant asserting small entity status. See 37 CFR 1.27
`
`0 Applicant changing to regular undiscounted fee status.
`
`Authorized Signature ________________________ _
`
`Date _____________________ __
`
`Typed or printed name ______________________ __
`
`Registration No. _________________ _
`
`PTOL-85 Part B (08-18) Approved for use through 0113112020
`
`Page 2 of3
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`- 4 -
`
`
`
`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
`
`13/959,708
`
`FILING DATE
`
`08/05/2013
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Gregory C. Burnett
`
`122174-10134
`
`5622
`
`21125
`7590
`08/02/2021
`NUTTER MCCLENNEN & FISH LLP
`SEAPORT WEST
`155 SEAPORT BOULEY ARD
`BOSTON, MA 02210-2604
`
`EXAMINER
`
`PIZARRO CRESPO. MARCOS D
`
`ART UNIT
`
`2814
`
`PAPER NUMBER
`
`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 l(h)(2) of the AlA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) 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)-786-0 101 or (571 )-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`- 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
`approval before requesting most types of information from the public. When OMB approves an agency request to
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`
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`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`- 6 -
`
`
`
`Notice of Allowability
`
`Application No.
`13/959,708
`Examiner
`MARCOS D PIZARRO
`
`Applicant(s)
`Burnett, Gregory C.
`I AlA (FIT F) Status
`Art Unit
`2814
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address--
`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 ALLOW ABILITY 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.~ This communication is responsive to the submissfion filed on 11/9/2020.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`
`2.0 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.~ The allowed claim(s) is/are 2-21 . 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
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4.0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) 0 None of the:
`a) OAII
`b) 0 Some
`1. 0 Certified copies of the priority documents have been received.
`2. 0 Certified copies of the priority documents have been received in Application No. __ .
`3. 0 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.
`5.0 CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`0
`Paper No./Mail Date __ .
`Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of each
`sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).
`6.0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. 0 Notice of References Cited (PT0-892)
`2.0 Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`.
`3. 0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4.0 Interview Summary (PT0-413),
`Paper No./Mail Date.
`/Marcos D. Pizarro/
`Primary Examiner, Art Unit 2814
`
`5. ~ Examiner's Amendment/Comment
`6. 0 Examiner's Statement of Reasons for Allowance
`
`7. OOther __
`
`U.S. Patent and Trademark Off1ce
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 25
`
`- 7 -
`
`
`
`Application/Control Number: 13/959,708 (AIIowability Notice)
`Art Unit: 2814
`
`Page 2
`
`Attorney's Docket Number: ALI-050ACON1
`Filing Date: 8/5/2013
`Applicant: Burnett
`
`Examiner: Marcos D. Pizarro
`
`Detailed Action I Examiner's Comment
`
`This Office action responds to the submission filed on 11/9/2020.
`
`Notice of Pre-A/A or AlA 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-AlA is incorrect, any correction of the statutory basis for a rejection, as subject to AlA
`
`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.
`
`Reasons for 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 (AIIowability 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 bye-
`
`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
`
`access to the private PAIR system, contact the Electronic Business Center (EBC) at 866-
`
`217-9197 (toll-free).
`
`/Marcos D. 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: COMMISSIONERFORPATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/959,708
`
`08/05/2013
`
`Gregory C. Burnett
`
`2064-0001
`
`5622
`
`7590
`150413
`Hard IP LLC (JA WB)
`48 Speir Dr.
`South Orange, NJ 07079
`
`07113/2021
`
`EXAMINER
`
`PIZARRO CRESPO. MARCOS D
`
`ART UNIT
`
`2814
`
`PAPER NUMBER
`
`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
`
`PTOL-90A (Rev. 04/07)
`
`- 10 -
`
`
`
`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
`
`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).
`
`Petitioner is 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 of Allowance. 1
`
`This application is being referred to T