`
`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
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`59582
`
`7590
`
`08/02/2013
`
`DICKINSON WRIGHT PLLC
`2600 WEST BIG BEAVER ROAD
`stn 30
`TROY, MI 48084-3312
`
`PATEL, RAMESH B
`
`2127
`
`DATE MAILED: 08/02/2013
`
`Kevin R. Imes
`10/29/2012
`13/662,663
`TITLE OF INVENTION: PROXIMITY DETECTION MODULE ON THERMOSTAT
`
`39285-00118
`
`4055
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
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`nonprovisional
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`SMALL
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`$890
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`$0
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`$0
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`$890
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`11/04/2013
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`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
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`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
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`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
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`HOW TO REPLYTO THIS NOTICE:
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`II. 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"
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`PTOL-85 (Rev. 02/11)
`
`Page | of 4
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`

`

`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`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.
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`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
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`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`08/02/2013
`7590
`59582
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`DICKINSON WRIGHT PLLC
`States Postal Service with sufficient
`postage for first class mail in an envelope
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`WE dtothe Mail Sdd. ISSUE.FEE ddi b being facsi A
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`
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`addressed
`to
`the
`Mail
`Stop
`address above, or
`being
`facsimile
`2600
`ST BIG BEAVER ROAD
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`SUITE 300
`—
`TROY,MI 48084-3312
`Deposto's maine)
`(Signature)
`
`(ate)
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`
` FIRST NAMED INVENTOR
`
`Kevin R. Imes
`10/29/2012
`13/662,663
`TITLE OF INVENTION: PROXIMITY DETECTION MODULE ON THERMOSTAT
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`39285-00118
`
`4055
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`PATEL, RAMESH B
`
`$890
`
`2127
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`
`
`
`
`
`$0
`
`$0
`
`$890
`
`11/04/2013
`
`700-276000
`
`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 ofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If nonameis
`listed, no namewill be printed.
`
`
`
`43
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a 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) :
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`LV individual LJ Corporation or other private group entity (J Government
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`4a. The following fee(s) are submitted:
`LI Issue Fee
`_] Publication Fee (No small entity discount permitted)
`LT Advance Order - # of Copies
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`4b. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy ofthis form).
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`
`
`PTOL-85 (Rev. 02/11)
`
`Page 2 of 4
`
`

`

`5. Change in Entity Status (from status indicated above)
`| Applicantcertifying micro entity status. See 37 CFR 1.29
`
` Lj Applicant changing to regular undiscounted fee status.
`
`Lj Applicant asserting small entity status. See 37 CFR 1.27
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`NOTE:Absenta valid certification of Micro Entity Status (see form PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill 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
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`NOTE: Checking this box will be taken to be a notification ofloss of entitlement to small or micro
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`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone otherthan the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown bythe records of the United States Patent and Trademark Office.
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`Authorized Signature
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`Typed or printed name
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`Date
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`Registration No.
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`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 USPTOto 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
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`Box 1450, ‘Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
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`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unless it displays a valid OMBcontrol number.
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`PTOL-85 (Rev. 02/11) Approved for use through 08/31/2013.
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`OMB 0651-0033
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 3 of 4
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`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
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`13/662,663
`
`10/29/2012
`
`Kevin R. Imes
`
`39285-00118
`
`4055
`
`59582
`
`7590
`
`08/02/2013
`
`DICKINSON WRIGHT PLLC
`2600 WEST BIG BEAVER ROAD
`SUITE 300
`TROY, MI 48084-3312
`
`PATEL, RAMESH B
`
`2127
`
`DATE MAILED: 08/02/2013
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustmentis the filing date of the most recent CPA.
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`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
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`PTOL-85 (Rev. 02/11)
`
`Page 4 of 4
`
`

`

`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain 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 U.S. Patent and Trademark Office may not be able to process and/or examine
`your submission, which may result in termination of proceedings or abandonmentof the application or
`expiration of the patent.
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`The information provided by youin this form will be subject to the following routine uses:
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`1. The information on this form will be treated confidentially to the extent allowed under the Freedom
`of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of
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`requested assistance from the Member with respect to the subject matter of the record.
`. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
`having need for the information in order to perform a contract. Recipients of information shall be
`required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5
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`. A record related to an International Application filed under the Patent Cooperation Treaty in this
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`. A record in this system of records may be disclosed, as a routine use, to another federal agency for
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`to the Administrator,
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`. A record from this system of records may be disclosed, as a routine use, to the public after either
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`U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a
`routine use, to the public if the record was filed in an application which became abandonedor in
`which the proceedings were terminated and which application is referenced by either a published
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`. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local
`law enforcementagency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`

`

`Notice of Allowability
`
`Application No.
`13/662,663
`
`BeetTEL
`
`Applicant(s)
`IMES ET AL.
`
`aanit
`
`Fileystatus
`
`No
`
`-- The MAILING DATEof 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 ALLOWABILITY IS NOT A GRANTOF PATENT RIGHTS.This application is subject to withdrawal from issue atthe initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. KJ This communication is responsive to 7/12/2013.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. J An election was madeby the applicant in response to a restriction requirementset forth during the interview on
`requirement and election have been incorporatedinto this action.
`
`; the restriction
`
`3. K] The allowed claim(s)is/are 12-23. As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
`Highwayprogram at a participating intellectual property office for the corresponding application. For more information, please see
`
`nito:/www. uspio.gov/patenis/init events/ooh/index.ise or send an inquiry to PPHicedback@uspto.qov .
`
`4. 1] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`
`Certified copies:
`*c) (J None ofthe:
`a)OJ All
`b)[LJSome
`1. [] Certified copies of the priority documents have been received.
`2. [] Certified copies of the priority documents have been received in Application No.
`3. [J Copiesof the certified copies of the priority documents have been receivedin 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. L] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`(1 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 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. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`Attachment(s)
`1. [J Notice of References Cited (PTO-892)
`2. X] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 7/28/2013 and 7/28-2013
`3. [] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. (1 Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`
`/Ramesh B. Patel/
`Primary Examiner, Art Unit 2127
`
`5. K] Examiner's Amendment/Comment
`6. KX] Examiner's Statement of Reasons for Allowance
`
`7. J Other
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 05-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20130731
`
`

`

`Application/Control Number: 13/662,663
`Art Unit: 2127
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`Claims 12-23 are allowed. Claims 1-11 and 24 have been canceled by the
`
`examiner's amendment as stated below due restriction requirement to claims 1-24 and
`
`Group Il, claims 12-23 are elected without traverse in responsefiled on 7/12/2013 in
`
`responseto the office communication mailed 4/12/2013.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statements (IDS) submitted on 7/28/2013 and
`
`7/28/2013 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statements are considered by the examinerandthe initial and
`
`signed copy of PTO 1449 is provided herewith.
`
`3.
`
`Authorization for this examiner's amendment was givenin a telephone interview
`
`with Mr. Schomer, Bryan J. (Reg. No. 67,752) on 7/31/2013.
`
`4.
`
`The application has been amendedasfollows:
`
`Claims 1-11 and 24 are canceled without prejudice or disclaimer.
`
`5.
`
`The following is an examiner’s statement of reasons for allowance: applicant’s
`
`argumentsfiled on 7/12/2013 regarding claims 12-23 are persuasive.
`
`

`

`Application/Control Number: 13/662,663
`Art Unit: 2127
`
`Page 3
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the paymentof 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.”
`
`6.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Ramesh B. Patel whose telephone number is 571-272-
`
`3688. The examiner can normally be reached on M-Th; 6:30 AM to 5:00 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, MohammadAli can be reached on 571-272-4105. The fax phone number
`
`for the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`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). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Ramesh B. Patel/
`Primary Examiner, Art Unit 2127
`
`