@
`
`@
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO.Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`NOTICE OF ALLOWANCEAND FEE(S) DUE
`
`7590
`
`07/29/2003
`
`DINSMORE AND SHOHL LLP
`1900 CHEMED CENTER
`255 EAST FIFTH STREET
`CINCINNATI, OH 45202
`
`RICHMAN,GLENN E
`
`|
`
`3764
`
`482-008000
`
`DATE MAILED:07/29/2003
`
`09/436,515
`
`11/09/1999
`
`JACK B. STUBBS
`
`24278-1
`
`6756
`
`TITLE OF INVENTION: EXERCISE MONITORING SYSTEM AND METHODS
`
`APPLN. TYPE
`nonprovisional
`
`SMALLENTITY
`YES
`
`ISSUE FEE
`$650
`
`PUBLICATION FEE
`$0
`
`TOTALFEE(S) DUE
`$650
`
`DATE DUE
`10/29/2003
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCEASA PATENT.
`PROSECUTION ON THE MERITSIS CLOSED, THIS NOTICE OF ALLOWANCE IS NOT A GRANTOF PATENTRIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWALFROMISSUEAT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT.SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATIONFEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATEOF 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 REFLECTSA CREDIT
`FOR ANY PREVIOUSLYPAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR AN EQUIVALENT)
`MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL BE REGARDED AS
`ABANDONED.
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`HOW TO REPLYTOTHIS NOTICE:
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`I. Review the SMALL ENTITYstatus shown above.
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`If the SMALL ENTITYis shown as YES, verify your current
`SMALL ENTITYstatus:
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
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`If the SMALL ENTITYis shown as NO:
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`A. Pay TOTAL FEE(S) DUEshownabove, or
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`|B. If applicant claimed SMALL ENTITYstatus before, or is now
`B. If the status is changed, pay the PUBLICATIONFEE(if required)
`claiming SMALL ENTITYstatus, check the box below and enclose
`and twice the amount of the ISSUE FEE shownaboveandnotify the
`United States Patent and Trademark Office of the change in status, or|the PUBLICATION FEEand 1/2 the ISSUE FEE shownabove.
`
`© Applicant claims SMALL ENTITYstatus.
`See 37 CFR 1.27.
`
`II]. PART B - FEE(S) TRANSMITTALshould be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATIONFEE(if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
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`III. All communications regarding this application must give the application number. Please direct all communicationsprior to issuance to
`Box ISSUE FEEunless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require paymentof
`maintenancefees.It is patentee’s responsibility to ensure timely payment of maintenance fees when due.
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`PTOL-85 (REV.05-03) Approvedfor use through 04/30/2004.
`
`Page | of 4
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`

`

`PART B- FEE(S) TRANSMITTAL
`
`
`
`
`
`
`
`
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`Alexandria, Virginia 22313-1450
`Fax (703)746-4000
`
`INSTRUCTIONS: This form should beused for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks |
`through 4 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
`maintenancefee notifications.
` iS ote:Acertificate o mailing can only be usedc ote: Legibly mark-up with any Correctionsor use Bloc for domestic mailings of the
`
`
`
`
`7590
`07/29/2003
`Fee(s) Transmittal. This
`certificate
`cannot be used for
`any other
`accompanying papers. Each additional paper, such as an assignment or
`DINSMORE AND SHOHL LLP
`formal drawing, must haveits owncertificate of mailing or transmission.
`1900 CHEMED CENTER
`Certificate of Mailing or Transmission
`
`255 EAST FIFTH STREET|hereb certify that this Fee(s) Transmittal is beingdeposited with the
`Postal
`Service with
`sufficient postage forfirst class mail
`nited
`States
`in an
`CINCINNATI, OH 45202
`envelope addressed to the Box Issue Fee address above, or being facsimile
`transmitted to the USPTO,on the date indicated below.
`
` {Depositor’s name)
`
`(Signature)
`(Date)
`
`JACK B. STUBBS
`11/09/1999
`09/436,515
`TITLE OF INVENTION: EXERCISE MONITORING SYSTEM AND METHODS
`
`24278-1
`
`6756
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALLENTITY
`YES
`
`ISSUE FEE
`
`$650
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$650
`
`DATE DUE
`
`10/29/2003
`
`EXAMINER
`
`RICHMAN,GLENN E
`
`ART UNIT
`
`3764
`
`CLASS-SUBCLASS
`
`482-008000
`
`1. Cha
`
`
`2. For
`printing
`on the
`patent front
`page, list
`(1
`npest correspondence addressorindication of "Fee Address” (37
`CER
`printing
`P
`pag
`()
`
`the names of up to 3 registered patent attorneys
`or agents OR, alternatively, (2) the name of a
`Changeof correspondence address (or Change of Correspondence
`single firm (having as a member a registered
`Address form PTO/SB/122) attached.
`attorney or agent) and the names of up to 2
`Ter
`to.
`OQ "Fee Address"indication (or "Fee Address" Indication form
`:
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`registered patent attorneys or agents. If no name
`3
`
`Numberis required.
`is listed, no namewill be printed.
`
`
`
`
`2
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(print or type)
`PLEASE NOTE: Unless anassigneeis identified below, no assignee data will appear on thepatent. Inclusion of assignee datais only appropriate when an assignment has
`been previously submitted to the USPTOoris being submitted under separate cover. Completion of this form is NOTa substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent)
`4a. The following fee(s) are enclosed:
`4b. Paymentof Fee(s):
`Cd Issue Fee
`(QA checkin the amountof the fee(s) is enclosed.
`O Publication Fee
`Q Paymentby credit card. Form PTO-2038 is attached.
`The Commissioneris hereby authorized by charge the required fee(s), or credit any overpayment, to
`.
`:
`
`Q Advance Order-# ofCopies Deposit Account Number (enclose an extra copy of this form).
`
`
`Commissioner for Patents is requested to apply the Issue Fee and Publication Fee(if any) or to re-apply any previously paid issue fee to the application identified above.
`
`Q individual © corporation or other private group entity O government
`
` (Authorized Signature)
`(Date)
`
`
`
`NOTE, The Issue Fee and Publication Fee (if required) will not be accepted from anyone
`other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shownby the records of the United States
`Patent and Trademark Office.
`
`This collection of information is required by 37 CFR 1.311. 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 1.14. This collection is
`estimated to take 12 minutes to complete, including gathering, preparing, and submitting the
`
`completed application form to the USPTO. Time will vary depending uponthe 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, Alexandria, Virginia
`22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.
`
`SEND TO: Commissionerfor Patents, Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a
`collection of information unless it displays a valid OMB
`control number.
`
`TRANSMIT THIS FORM WITH FEE(S)
`PTOL-85 (REV. 05-03) Approvedfor use through 04/30/2004. OMB 0651-0033
`U.S. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`
`
`

`

`
`
`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
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO.
`
`CONFIRMATION NO.
`
`09/436,515
`
`11/09/1999
`
`JACK B. STUBBS
`
`24278-1
`
`6756
`
`7590
`
`07/29/2003
`
`DINSMORE AND SHOHL LLP
`1900 CHEMED CENTER
`255 EAST FIFTH STREET
`CINCINNATI, OH 45202
`
`RICHMAN, GLENN E
`
`3764
`
`DATE MAILED:07/29/2003
`
`/ y
`
`Determination of Patent Term Extension under35 U.S.C. 154 (b)
`(application filed after June 7, 1995 but prior to May 29, 2000)
`
`The patent term extension is 0 days. Any patent to issue from the above identified application will include an
`indication of the 0 day extension on the front page.
`
`If a continued prosecution application (CPA) wasfiled in the above-identified application, the filing date that
`determines patent term extensionis 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) system.(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 (703)305-1383.
`
`PTOL-85 (REV. 05-03) Approved for use through 04/30/2004.
`
`Page 3 of 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.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO.
`
`CONFIRMATION NO.
`
`09/436,515
`
`11/09/1999
`
`JACK B. STUBBS
`
`24278-1
`
`6756
`
`7590
`
`07/29/2003
`
`DINSMORE AND SHOHL LLP
`1900 CHEMED CENTER
`255 EAST FIFTH STREET
`CINCINNATI, OH 45202
`
`RICHMAN,GLENN E
`
`ve
`DATE MAILED:07/29/2003
`
`Notice of Fee Increase on January 1, 2003
`
`Ifa reply to a "Notice of Allowance and Fee(s) Due"is filed in the Office on or after January 1, 2003, then the
`amount due will be higher than that set forth in the "Notice of Allowance and Fee(s) Due"since there will be an increase
`in fees effective on January 1, 2003. See Revision of Patent and Trademark Fees for Fiscal Year 2003; Final Rule, 67 Fed.
`Reg. 70847, 70849 (November 27, 2002).
`
`The current fee schedule is accessible from: http://www.uspto,gov/main/howtofees,htm,
`
`If the issue fee paid is the amount shownon the "Notice of Allowance and Fee(s) Due," but not the correct amount
`in view of the fee increase, a "Notice to Pay Balance of Issue Fee" will be mailed to applicant. In order to avoid
`processing delays associated with mailing of a "Notice to Pay Balance of Issue Fee," if the response to the Notice of
`Allowance and Fee(s) due form is to be filed on or after January 1, 2003 (or mailed with a certificate of mailing on or
`after January 1, 2003), the issue fee paid should be the fee that is required at the time the fee is paid. If the issue fee was
`previously paid, and the response to the "Notice of Allowance and Fee(s) Due" includes a request
`to apply a
`previously-paid issue fee to the issue fee now due, then the difference between the issue fee amount at the time the
`response is filed and the previously paid issue fee should be paid. See Manual of Patent Examining Procedure, Section
`1308.01 (Eighth Edition, August 2001).
`
`Questionsrelating to issue and publication fee payments should be directed to the Customer Service Center
`of the Office of Patent Publication at (703) 305-8283.
`
`PTOL-85 (REV. 05-03) Approved for use through 04/30/2004.
`
`Page 4 of 4
`
`

`

`Applicant(s)
`
`Stubbset al
`
`fe
`
`Application No.
`09/436,515
`Examiner
`
`AA UATpewcome[eeTIE
`
`
`
`Notice of Allowability
`
`--The MAILING DATE of this communication appears on the cover sheet with the correspondence address--
`
`{f not included herewith
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`(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. [1X] This communication is responsive to 7/17/03
`
`2. The allowed claim(s) is/are 1-5, 7-12, 14-18, 60, 62-74, and 76
`
`3. [X] The drawingsfiled on
`
`Nov 9, 1999
`
`are accepted by the Examiner.
`
`4.C) Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
`
`a)C] Ali=bb). Some*~—cc) None__ of the:
`1.C Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have been received in Application No.
`3.C1 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:
`
`5.C Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`(a) The translation of the foreign language provisional application has been received.
`6. Acknowledgementis made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`
`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 ABANDONMENTofthis application. THIS THREE-MONTH PERIOD IS NOT
`EXTENDABLE.
`
`7. A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`ART UNIT 3764 3
`
`8.1 CORRECTED DRAWINGS must be submitted.
`(a) 1 including changes required by the Notice of Draftsperson's Patent Drawing Review (PTO-948) attached
`1) hereto or
`2)L1)
`to Paper No.
`(b) including changes required by the proposed drawing correctionfiled
`approved by the examiner.
`including changes required by the attached Examiner's Amendment/Commentor in the Office action of
`Paper No.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the top margin (not the back) of
`each sheet. The drawings should befiled as a separate paper with a transmittal letter addressed to the Official Draftsperson.
`
`, which has been
`
`(c)C]
`
`9.C] 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] Notice of References Cited (PTO-892)
`3(] Notice of-Braftsperson's Patent Drawing Review (PTO-948)
`__/ 6
`5 (Yinformation Disclosure Statement(s) (PTO-1449), Paper No(s).
`7) Examiner's Comment Regarding Requirement for Deposit of Biological
`Material
`
`2) Notice of Informal Patent Application (PTO-152)
`4(] Interview Summary (PTO-413), Paper No.
`6] Examiner's Amendment/Comment
`8(_]_ Examiner's Statement of Reasons for Allowance
`
`9(] Other
`
`U. S. Patent and Trademark Office
`PTO-37 (Rev. 04-01)
`
`NICHOLAS D. LUCCHESI
`SUPERVISORY PATENT EXAMINER
`’
`CCNITER
`
`GLENN RICHMAN
`PRIMARY EXAMINER
`
`Notice of Allowability
`
`Part of Paper No. 18
`
`