Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page 1 of 5
`Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page1of5
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`EXHIBIT C
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`EXHIBIT C
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`Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page 2 of 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PA TENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
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`10/490,330
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`07/30/2004
`
`Raymond J. Menard
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`33121.23
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`6462
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`7590
`32300
`03/28/2005
`BRIGGS AND MORGAN P.A.
`2200 IDS CENTER
`80 SOUTH 8TH ST
`MINNEAPOLIS, MN 55402
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`EXAMINER
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`POPE,DARYLC
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`ART UNIT
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`PAPER NUMBER
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`2632
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`DATE MAILED: 03/28/2005
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PT0-90C (Rev. 10/03)
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`

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`Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page 3 of 5
`Application No.
`Applicant(s)
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`Office Action Summary
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`10/490,330
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`Examiner
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`MENARD, RAYMOND J.
`
`Art Unit
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`2632
`DARYL C POPE
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application lo become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1. 704(b).
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`-
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`Status
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`1)0 Responsive to communication(s) filed on __ .
`2a)O This action is FINAL.
`2b)[8] This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)[8] Claim(s) 1-57 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8] Claim(s) 1-57 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)D accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) □ All b)O Some * c)O None of:
`1.D Certified copies of the priority documents have been received.
`2.D 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)).
`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
`1) [8] Notice of References Cited (PTO-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) [8] Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date 12/23/2004.
`
`4) 0 Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PTO-152)
`6) D Other:
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`U.S. Patent and Trademark Qff.t:e
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 1
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`

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`Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page 4 of 5
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`Application/Control Number: 10/490,330
`Art Unit: 2632
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`Page2
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`DETAILED ACTION
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`Double Patenting
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`The nonstatutory double patenting rejection is based on a judicially created
`1.
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`and to prevent possible harassment by multiple assignees. See In re Goodman, 11
`F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225
`USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA
`1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970);and, In re Thorington,
`418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be
`used to overcome an actual or provisional rejection based on a nonstatutory double
`patenting ground provided the conflicting application or patent is shown to be commonly
`owned with this application. See 37 CFR 1.130(b).
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
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`2.
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`Claims 1-57 are rejected under the judicially created doctrine of obviousness-
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`type double patenting as being unpatentable over claims 1-45 of U.S. Patent No.
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`6,759,956. Although the conflicting claims are not identical, they are not patentably
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`distinct from each other because it would have been obvious to one of ordinary skill in
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`the art at the time the invention was made to incorporate a control panel and a long
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`range cellular network to the system, since the devices would have required some form
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`of control panel in order to properly operate the devices, and was well, inclusion of the
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`long range cellular network would have allowed implementation of the devices into
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`various personal devices, such as mobile phones, palm pilots, planners, etc.
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`

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`Case 1:19-cv-11586-FDS Document 238-3 Filed 09/14/21 Page 5 of 5
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`Application/Control Number: 10/490,330
`Art Unit: 2632
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`Page 3
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`Conclusion
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`3.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DARYL C POPE whose telephone number is (571) 272-
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`2959. The examiner can normally be reached on M-TH 8:00-6:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, DANIEL WU can be reached on (571) 272-2964. The fax phone number for
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`the organization where this application or proceeding is assigned is 703-872-9306.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free).
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`Daryl C. Pope
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`March 21, 2005
`
`DARYL C POPE
`Primary Examiner
`,~Unit2632
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