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
`
`11/06/2006
`
`7590
`Christine A .. Lekutis
`MEDLEN & CARROLL, LLP
`Suite 350
`101 Howard Street
`San Francisco, CA 94105
`
`EXAMINER
`
`A, MINHD
`
`ART UNIT
`
`PAPER NUMBER
`
`2821
`DATE MAILED: 11/06/2006
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Simon Nicholas Richmond
`02/26/2004
`10/789,488
`TITLE OF INVENTION: SOLAR POWERED LIGHT ASSEMBLY TO PRODUCE LIGHT OF VARYING COLOURS
`
`SPRUSON-08795
`
`7998
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$1400
`
`$300
`
`$0
`
`$1700
`
`DATE DUE
`
`02/06/2007
`
`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 I!E EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`IF AN ISSUE FEE HAS
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`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 SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE sho~ above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box Sa on Part B- Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`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 PUBPCATION 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.
`
`IMPORT ANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 07/06) Approved for use through 04/30/2007.
`
`Page 1 of3
`
`Richmond, Exh. 2018, p.1
`
`

`

`PART B - FEE(S) TRANSMITTAL
`Complete and send this form, together with applicable fee(s), to: .M!ill Mail Stot> ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`or Fax
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees wilJ be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block I, 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)
`
`Note: A certthcate of mathng can only be used for domesttc mathngs 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 transmisston.
`
`11/06/2006
`
`7590
`Christine A .. Lekutis
`MEDLEN & CARROLL, LLP
`Suite 350
`101 Howard Street
`San Francisco, CA 94105
`
`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 enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimtle
`transmitted to the USPTO (571) 273-2885, on the date indicated befow.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`FIRST NAMED INVENTOR
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`SPRUSON-08795
`
`7998
`
`I
`
`APPLICATION NO.
`
`I
`
`FILING DATE
`
`I
`
`Simon Nicholas Richmond
`02/26/2004
`10/789,488
`TITLE OF INVENTION: SOLAR POWERED LIGHT ASSEMBLY TO PRODUCE LIGHT OF VARYING COLOURS
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$1400
`
`$300
`
`$0
`
`$1700
`
`DATE DUE
`
`02/06/2007
`
`EXAMINER
`
`A,MINHD
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`2821
`
`315-149000
`
`I. 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.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, Jist
`(I) 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 wiJJ be printed.
`
`2. _____________ _
`
`3
`- - - - - - - - - - - - - -
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRfNTED 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 has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`0 Individual 0 Corporation or other private group entity 0 Government
`
`4a. The following fee(s) are submitted:
`0
`Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order- #of Copies _________ _
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`0The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`·
`(enclose an extra copy of this form).
`overpayment, to Deposit Account Number
`
`5. Change in Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`0 a. Applicant claims SMALL ENTITY status. Sec 37 CFR 1.27.
`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 shown by the records of the United States Patent and Trademark Office.
`·
`
`Authorized S ign a tu r e - - - - - - - - - - - - - - - - - - - - - -
`
`Date __________________ __
`
`Typed or printed n am e - - - - - - - - - - - - - - - - - - - - -
`
`Registration No . - - - - - - - - - - - - - - -
`
`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, prepanng, and
`subnutting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you reguire 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, 1'.0.
`Box I450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`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.
`
`PTOL-85 (Rev. 07/06) Approved for use through 04/30/2007.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Richmond, Exh. 2018, p.2
`
`

`

`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
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/789,488
`
`02/26/2004
`
`Simon Nicholas Richmond
`
`SPRUSON-08795
`
`7998
`
`11/06/2006
`
`7590
`Christine A. Lekutis
`MEDLEN & CARROLL, LLP
`Suite 350
`101 Howard Street
`San Francisco, CA 94105
`
`EXAMINER
`
`A, MINH D
`
`ART UNIT
`
`PAPER NUMBER
`
`2821
`DATE MAILED: I 1106/2006
`
`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 43 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 43 day(s).
`
`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
`or
`the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0 101
`directed to
`(571)-272-4200.
`
`PTOL-85 (Rev. 07/06) Approved for use through 04/30/2007.
`
`Page 3 of3
`
`Richmond, Exh. 2018, p.3
`
`

`

`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`10/789,488
`Examiner
`
`Minh D. A
`
`RICHMOND, SIMON NICHOLAS
`Art Unit
`
`2821
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`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. 181 This communication is responsive to 911106.
`2. 181 The allowed claim(s) is/are 1-29.
`3. 181 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-{d) or (f).
`b) D Some*
`c) D None
`a) [8] All
`of the:
`1. [8] Certified copies of the priority documents have been received.
`2. D Certifie<;l copies of the priority documents have been received in Application No. __ .
`3. D 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. 0 CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or 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. 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. [8] Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. [8] Examiner's Amendment/Comment
`
`8. [8] Examiner's Statement of Reasons for Allowance
`9. D Other
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 1
`
`Richmond, Exh. 2018, p.4
`
`

`

`Application/Control Number: 10/789,488
`Art Unit: 2821
`
`Page 2
`
`EXAMINER'S AMENDMENT
`
`1.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed 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.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Christine Lekutis on 10/25/06.
`
`The application has been amended as follows:
`
`Claim 1, line 3, deleted "body" and inserted ----body including a spike---, line 6,
`
`deleted "a reflector mounted in the bottom region".
`
`Claim 7, line 2, deleted "with a" and inserted ---with said---.
`
`Claim 20, line 3, deleted "body" and inserted ----body including a spike---.
`
`Claim 20, line 4, deleted "mounted on the body" and "and generally enclosing a
`
`chamber" and inserted ---connected to the body---.
`
`Claim 20, line 6, deleted "said chamber" and inserted ---said lens---~
`
`Claim 20, line 9, deleted "on/off'.
`
`Remarks
`
`2.
`
`The changes above have been provided to improve the clarification of the claims
`
`language.
`
`Allowable Subject Matter
`
`3.
`
`Claims 1-29 are allowed.
`
`Richmond, Exh. 2018, p.5
`
`

`

`Application/Control Number: 1 0/789,488
`Art Unit: 2821
`
`Page 3
`
`4.
`
`The following is an examiner's statement of reasons for allowance:
`
`The prior art does not teach that, a body including a spike; a lens mounted on the
`
`body and generally enclosing a chamber having an upper rim surrounding a top
`
`opening, and a bottom region; a circuit having at least two lamps of different colours to
`
`produce a desired colour including a varying colour, the lamps being mounted to direct
`
`light into said ~hamber, connections for at least one rechargeable battery to power the
`
`circuit and a solar cell mounted on an exposed surface of the assembly and operatively
`
`associated with the connections to charge the battery, and a switch operated to control
`
`delivery of electric power from the battery to operate said circuit, the switch being
`
`exposed to provide for access thereto by a user recited in independent claims 1 an~
`
`5.
`
`The remaining dependent claims 2-19 and 21-29 are allowable for at least above
`
`reason.
`
`6.
`
`Prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. None of record prior arts stands alone or combination with the others
`
`discloses all limitations required in claim invention.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than 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
`
`Statement of Reasons for Allowance."
`
`Citation of relevant prior art
`
`Richmond, Exh. 2018, p.6
`
`

`

`Application/Control Number: 10/789,488
`Art Unit: 2821
`
`Page 4
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Wang (US. Patent No, 6,784,357) discloses a solar energy operated street
`
`lamp.
`
`use.
`
`Wismeth et al (U.S. Patent No. 6,729,742) discloses a solar lamp for outdoor
`
`Inquiry
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to Minh Dieu A whose telephone number is (571)
`
`272-1817. The examiner can normally be reached on M-F (5:30AM-2:45PM).
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner's supervisor, Timothy Callahan can be reached on (571) 272-1740. 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 access to the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197 (toll-free).
`
`Richmond, Exh. 2018, p.7
`
`

`

`Application/Control Number: 10/789,488
`Art Unit: 2821
`
`Page 5
`
`Examiner
`
`Minh A
`
`Art Unit 2821
`
`10/29/06
`
`~/;l.-/lk:Jc&
`SHIH-CHAO C&-EN
`j::'i:J,JJJAF# ~~
`
`Richmond, Exh. 2018, p.8
`
`