`gee=tiex
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`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`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 ALLOWANCEANDFEE(S) DUE
`
`63975
`
`7590
`
`03/27/2023
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON,DC 20005
`
`DAVIS, ANTOINE D
`
`2917
`
`DATE MAILED: 03/27/2023
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`29/821,054
`
`12/27/2021
`
`Jody AKANA
`
`2607.8550006(P25033USC6)
`
`9167
`
`TITLE OF INVENTION: WEARABLE DEVICE
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$740
`
`$0.00
`
`$0.00
`
`$740
`
`06/27/2023
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS 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 PUBLICATIONFEE (IF REQUIRED) MUSTBE 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 THEISSUE FEE NOW DUE.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the ENTITY STATUSshown above.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 PART B - FEE(S) TRANSMITTAL,complete section number5 titled
`"Changein Entity Status (from status indicated above)”.
`
`For purposesofthis notice, small entity fees are 40% the amountof undiscounted fees, and micro entity fees are 20% the amount of
`undiscounted fees.
`
`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 PUBLICATIONFEE(if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed. 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 dueto the difficulty in recognizing the paper as an equivalentof Part B.
`
`II. All communications regarding this application must give the application number. Please direct all communicationsprior to issuance to Mail
`Stop ISSUE FEEunless advisedto the contrary.
`
`IMPORTANT REMINDER:Maintenancefeesare duein utility patents issuing on applicationsfiled on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. Moreinformationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`PTOL-85 (Rev. 02/11)
`
`Page | of 3
`
`
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`PARTB - FEE(S) TRANSMITTAL
`
`By mail, sendto: Mail Stop ISSUE FEE By fax, send to:—(571)-273-2885
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks 1 through 5 should be completed where appropriate.
`All further correspondence will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new
`correspondenceaddress; and/or (b) indicating a separate "FEE ADDRESS"for maintenancefee notifications. Because electronic patent issuance may occur shortly after issue
`fee payment, any desired continuing application should preferably be filed prior to paymentof this issue fee in order not to jeopardize copendency.
`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 FEEaddress above, or being transmitted to
`the USPTO via EFS-Webor by facsimile to (571) 273-2885, on the date below.
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any change of address)
`
`03/27/2023
`7990
`63975
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON, DC 20005
`
`(Typed or printed name)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`29/821,054
`
`12/27/2021
`
`Jody AKANA
`
`2607.8550006(P25033USC6)
`
`9167
`
`TITLE OF INVENTION: WEARABLE DEVICE
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$740
`
`$0.00
`
`$0.00
`
`$740
`
`06/27/2023
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`DAVIS, ANTOINE D
`
`2917
`
`D11-030000
`
`2. For printing on the patent front page,list
`(1) The namesof up to 3 registered patent attorneys
`1
`or agents OR,alternatively,
`(I Changeof correspondence address (or Change of Correspondence
`(2) The nameofa single firm (having as a member a
`Address form PTO/AIA/122 or PTO/SB/122)attached.
`registered attorney or agent) and the names of upto
`=—-_2
`2 registered patent attorneys or agents. If no nameis
`listed, no namewillbe printed.
`
`
`
`
`
`1. Change of correspondenceaddressor indication of "Fee Address" (37
`CFR 1.363).
`
` [I "Fee Address” indication (or "Fee Address" Indication form PTO/
`
`AIA/47 or PTO/SB/47; Rev 03-02 or more recent) attached. Use of a
`Customer Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`PLEASE NOTE: Unlessan assigneeis identified below, no assignee data will appear on the patent. If an assigneeis 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 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) :
`
`(LV individual LJ Corporation or other private group entity (_] Government
`
`(Ipublication Fee (if required)
`(_Itssue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`(I Electronic Payment via Patent Center or EFS-Web
`(LI Enclosed check
`
` (I TheDirectoris hereby authorized to charge the required fee(s), any deficiency, or credit any overpaymentto Deposit Account No.
`
`(LI Non-clectronic paymentby credit card (Attach form PTO-2038)
`
`
`
`5. Changein Entity Status (from status indicated above)
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted at the risk of application abandonment.
`= Applicant certifying micro entity status. See 37 CFR 1.29
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlementto micro entity status.
`] Applicant asserting small entity status. See 37 CFR 1.27
`NOTE:Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`(I Applicant changing to regular undiscounted fee status.
`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
`
`Typed or printed name
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`29/821,054
`
`12/27/2021
`
`Jody AKANA
`
`2607.8550006(P25033USC6)
`
`9167
`
`63975
`
`7590
`
`03/27/2023
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON,DC 20005
`
`DAVIS, ANTOINE D
`
`2917
`
`DATE MAILED: 03/27/2023
`
`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)(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 adjustmenton 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
`
`
`
`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`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
`collect information from the public, OMB (i) provides a valid OMB Control Number and expiration date for the
`agency to display on the instrumentthat will be used to collect the information and(ii) requires the agency to inform
`the public about the OMB Control Number’s legal significance in accordance with 5 CFR 1320.5(b).
`
`The information collected by PTOL-85 Part B 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 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Timewill vary depending upon
`the individual case. Any comments on the amount of time you require to complete this form and/or suggestions
`for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office,
`U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMSTO THIS ADDRESS. SEND TO: Commissioner for Patents, P-O. Box 1450, Alexandria,
`Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no personsare required to respond to acollection
`of information unless it displays a valid OMB control number.
`
`Privacy Act Statement
`
`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 mayresult in termination of proceedings or abandonment
`of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`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 records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
`
`2. Arecord from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting
`a request involving an individual, to whom the record pertains, when the individual has requested assistance
`from the Memberwith respect to the subject matter of the record.
`4. 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 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
`National Security review (35 U.S.C. 181) and for review pursuantto the Atomic Energy Act (42 U.S.C. 218(c)).
`
`7. Arecord from this system of records may be disclosed,as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSAaspart of that agency's responsibility
`to recommend improvements in records managementpractices and programs, under authority of 44 U.S.C.
`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
`of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall
`not be used to make determinations about individuals.
`
`8. Arecord from this system of records may be disclosed,as a routine use, to the public after either publication of
`the application pursuantto 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routineuse,to the public if the record wasfiled
`in an application which became abandonedorin which the proceedings were terminated and which application
`is referenced by either a published application, an application open to public inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomesawareof a violation or potential violation of law or regulation.
`
`
`
`Notice ofAllowability
`For
`A Design Application
`
`Application No.
`29/821 ,054
`Examiner
`ANTOINE D DAVIS
`
`Applicant(s)
`AKANAetal.
`Art Unit
`2917
`
`AIA (FITF) Status
`Yes
`
`3f¥} The claim is allowed.
`
`4l¥} Acceptable drawings:
`
`(a)
`
`The drawings filed on 01/31/2022 are accepted by the Examiner.
`
`(b) (J Drawing Figures filedon__——s and drawing Figures filed on ___—__—saare accepted by the Examiner.
`
`5 Theclaim for foreign priority under 35 U.S.C. § 119(a}-(d) or(f) is acknowledged.
`
`the
`
`Certified copies:
`*c) L) None ofthe:
`a) O All
`b)(J Some
`1. 1 Certified copies of the priority documents have been received.
`2. LJ Certified copies of the priority documents have been received in Application No.
`3. CJ 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 requirement for
`corrected drawings notedin item 6 below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. See 37 CFR 1.85(c). NOTE: This notice does not set or reset the time
`riod
`for
`ing
`the
`i
`f
`
`6] CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`
`(] 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).
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITSIS (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 withdrawal from issue at the
`initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. This notice does notset or reset the time
`period for paying the issue fee. The issue fee must be paid within THREE MONTHS FROM THE MAILING DATE ofthe Notice of
`Allowance (PTOL-85) or this application shall be regarded as ABANDONED. This statutory period cannot be extended. See 35 U.S.C.151.
`1{¥) This communication is responsive to 01/31/2022 .
`.
`(J A declaration(s)/affidavit(s} under 37 CFR 1.130(b) was/werefiled on
`2) An election was madebythe applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`
`
`Attachment(s)
`
`1{¥) Notice of References Cited (PTO-892) 4.¥}Examiner's Amendment(Comment
`2[¥] Information Disclosure Statements (PTO/SB/08),
`5. (1) Examiner's Statement of Reasonsfor Allowance
`Paper No./Receipt Date
`30) Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`
`6. () Other
`
`.
`
`/Antoine Duval Davis/
`Primary Examiner, Art Unit 2917
`U.S. Patent and Trademark Office
`PTOL-37D (Rev. 08-17)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20230301
`
`
`
`Application/Control Number: 29/821 ,054
`Art Unit: 2917
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`This application has been examined with the following effect set forth herein
`
`under.
`
`An examiner’s amendmentto the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`The cross-reference statement has not been completed by applicant when filed
`
`as required.
`
`Thus, the examiner now completes the cross-references statement as follows:
`
`After November 18, 2019, “now D867,179” has been inserted within said
`
`statement. After April 29, 2019, “now D847,012” has been inserted within said
`
`statement. After April 30, 2018, “now D8616,524” has been inserted within said
`
`statement. After February 17, 2017, “now D779,992” has been inserted within said
`
`statement. After December 14, 2015, “now D745,421” has been inserted within said
`
`statement. After September 8, 2014, “now D745,421” has been inserted within said
`
`statement.
`
`All of the material from the U.S. Design Applications Nos. 29/713,654,
`29/689,358, 29/645,935, 29/594,336, 29/548,413 and 29/501,746 which is
`essential to the claimed design is included herein. Any material in this
`application which is not present herein forms no part of the claimed design.
`
`
`
`Application/Control Number: 29/821 ,054
`Art Unit: 2917
`
`Page 3
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANTOINE D DAVIS whosetelephone number is
`
`(571)272-2636.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Susan E. Krakower, can be reached on 571-272-4496. The fax phone
`
`number for the organization where this 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).
`
`/Antoine D Davis/
`Primary Examiner, Art Unit 2917
`
`Wednesday, March 1, 2023
`
`

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