UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`PO Box 1450
`Alexandria Virginia 22313-1450
`www.uspt0 gov
`
`APPLICATION NO.
`
`11/695500
`
`ISSUE DATE
`
`08/09/2011
`
`PATENT NO.
`
`7996005
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`M—16796 US
`
`2769
`
`32605
`
`7590
`
`07/20/2011
`
`Haynes and Boone, LLP
`IP Section
`2323 Victory Avenue
`SUITE 700
`Dallas, TX 75219
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 747 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`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 Teim 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 Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pairuspto gov for additional applicants):
`
`Robert A. Lotter, Newport Beach. CA;
`Timothy S. Allard. Tustin, CA;
`
`IR103 (Rev. 10/09)
`
`BLACKBERRY EX. 1008, pg. 1
`
`BLACKBERRY EX. 1008, pg. 1
`
`

`

`PART B — FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable t'ee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571) 273-2885
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FE and PUBLICATION FEE {if required). Blocks 1
`through 5 should be completed where
`ap toprtate. All further correspondence including the Patent advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "PEE ADDRESS" for
`
`maintenance fie; notifications.
`CURREN'I‘CURRESPONDENCE ADDRESS (thmUsc Blackl farmy change child-155)
`Note: A certificate of _n:iailin
`can only be used for domestic mailings of the
`apers ‘ 5C-
`5.
`“110113 paper SILL“
`as an assignment or 011113
`iawuig ll'l'llSIC
`Fee(s) 1;:ranislmtltltial.‘ Thils certi icatehcannot be used for any: otheil' :ccompanying
`ave 1ts own certificate ofniailing or transmissrori,
`’
`Certificate ofMailing or Transmission
`I herebv certi‘g that this Feetfs Transmittal is being deposited with the United
`States: Ecstal
`ervice with su icient postfige for first class mail in an envelope
`addressed to the Mail Stop ISSUE FE address above, or being facsimile
`transmitted to the USPTO( 71} 273—2885, on the date indicated below.
`T'na Ka aria
`h
`a.
`r um
`
`Haynes and Boone! LLP
`2323 VICtory AvenU 9
`3U Ite 700
`DaIIaS, TX 75219-7673
`.
`Tel. 21443516759
`Fax: 214-200-0353
`
`
`
`—AP?LICATIONNo.
`
`111695.500
`04I02I'2007
`
`FIRST NAMED TNVENTOR
`Robert A. Letter
`
`l ATTORNEY DOCKET NO. _CONFTRMAT‘IONNO.
`NH 6796 US
`2759
`
`TITLE OF INVENTION:
`
`MOBILE COMMUNICATION DEVICE MONITORING SYSTEMS AND METHODS
`
`APPLN. TYPE
`
`nonprovisional
`
`Sit-TALL ENTITY
`
`YES
`
`ISSUE FEE
`
`$755
`
`PUBLICATION FEE
`
`TOTAL FEE{S) DUE
`
`$300
`
`$1055
`
`DATE DUE
`
`0910912011
`
`TRAN, MONG-TI‘IUY THI
`
`2617
`
`455-432300
`
`1. Chan e of correspondence address or indication of “Fee Address" (37‘
`2. For printing on the patent front page, list
`
`
`our 1. 63).
`(I) the names of up to 3 registered patent attorneys
`lm;m§_fiw;fi____
`
`or agents OR, alternatively,
`LI Chan e of corre ondence address [or Change of Correspondence
`Address orm PTO.“ B1122) attached.
`
`2
`(2) the name ofa single firm (having as a member a
`registered attorney or agent) and the names of up to
`Ci "Fee Address” indicator] (or "For, Address" Indication form
`PTO/SB/fl; Rev 0302 or more recent) attached. Use Ufa Customer
`3
`2 registered patent attorneys or agents. If no name is
`
`
` listed. no name will be printed.
`Number is required.
`3. AS SIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless on ossignee is identified below, no nsaignee data will appear on the patent. If an useignee is identified below, the document has been filed for
`rccordation as set forth in 37 CFR 3. I 1, Completion oftiiis form is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`eAgency, Inc.
`
`(B) RESIDENCE: (CITY and STATE CIR COUNTRY)
`Newport Beach, California
`
`Please check the appropriate assignee category or categories (will not be printed on :he patent) : D Indiv1dual E Corporation or other private group entity CI Government
`4a. The following feds} are enclosed,
`4b. Payment ofFec(s}:
`El Issue Fee
`CI A check in the amount ofti-ie feets) is enclosed.
`[a Publication Fee (No small entity discount permitted)
`El Payment by credit card. Form PTO-2038 is attached
`a Advance Order « # of Copies
`CI The Director is hereby authorized by charge the required fee(s), or credit any ove ayment, to
`Deposrt Account Number (enclose an extra copy ot'this form .
`
`5. Change in Entity Status (from status indicated above)
`D :1, Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`
`D b. Applicant is no longer claiming SMALL BhTITY status. See 37' CFR I.2?(g)(2.).
`
`The Director of the USPTD is requested to apply the Issue Fee and Publication Fee {if any) or to re-apply an previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee ('
`required) will not be accepted from anyone other than the app icant; a registered aficrney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office:
`
`Date June 24. 2011
`
`Registration No. 44 940
`
` Authorized Signature
`
`Typed or printed name “greg o'. Michelson
`
`This collection of information is required by 37‘ CFR 1.311. The informatimi is rwired to obtain or retain a benefit by the public which is to tile (and by the USPTO to process)
`an application, Confidentialiqr is governed by 35 U.S.C. 122 and 3'.’ CFR 1.14. T 's collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will v
`defiendin upon the individual case. Any comments on the amount of time you reqin're to complete
`this form arid/or su gestions for reducing this burden, should be sent to
`e C ief In orination Officer, (LS. Patent and Trademark Office, U.S. Department of Commerce.
`.0.
`exan no,
`1rg1nia -
`-,
`.
`.
`E10): 1430, A‘leflP . 'ighg/igginjgéfllE-HEO. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.0. Box 1450,
`Under the Paperwork Reduction Act. of 1995, no persons are required to respond to a collection 0'." information unless it displays a valid OMB control number.
`
`PTUL—SS (Rev. Lib/I17) Approved for use through 0381/2010. OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`BLACKBERRY EX. 1008, pg. 2
`
`BLACKBERRY EX. 1008, pg. 2
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`02-Apr-2007
`
`Title of Invention:
`
`MOBILE COMMUNICATION DEVICE MONITORING SYSTEMS AND METHODS
`
`
`
`First Named Inventor/Applicant Name: Robert A. Letter
`
`Filer:
`
`GregoryJ. Michelson/Pia Kamath
`
`Filed as Small Entity
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Claims:
`
`
`Miscellaneous-Filing:
`
`Patent-Appeals—and-Interference:
`
`Post-Allowance-and-Post-lssuance:
`
`
`
`2501 ---
`UtIIIty Appl Issue fee
`
`
`Publ. Fee— early,voluntary, or normal I 1504 I300‘I 300
`
`
`
`
`
`755
`
`755
`
`
`
`I
`
`BLACKBERRY EX. 1008, pg. 3
`
`BLACKBERRY EX. 1008, pg. 3
`
`

`

`
`
`
`
`Sub-Total in
`Description USD($) Quantity
`
`Total in USD ($)
`
`Extension-of—Time:
`
`Miscellaneous:
`
`BLACKBERRY EX. 1008, pg. 4
`
`BLACKBERRY EX. 1008, pg. 4
`
`

`

`Electronic Acknowledgement Receipt
`
`1 0386993
`
`Confirmation Number:
`
`Title of Invention:
`
`MOBILE COMMUNICATION DEVICE MONITORING SYSTEMS AND METHODS
`
`
`
`
`
`First Named Inventor/Applicant Name:
`
`Robert A. Letter
`
`Customer Number:
`
`32605
`
`— GregoryJ‘ MIChelson/Pla Kamath
`
`
`
`Filer Authorized By: GregoryJ. Michelson
`
`Attorney Docket Number:
`
`M—16796 US
`
`Filing Date:
`
`02-APR-2007
`
`19:11:13
`Time Stamp:
`
`
`
`
`Application Type: Utility under 35 USC 111(a)
`
`Payment information:
`
`yes
`Submitted with Payment
`PaymentType Credit Card
`
`
`
`Payment was successfully received in RAM
`
`$1055
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Deposit Account
`
`Authorized User
`
`081394
`
`MICHELSON,GREGORYJ.
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`BLACKBERRY EX. 1008, pg. 5
`
`BLACKBERRY EX. 1008, pg. 5
`
`

`

`Charge any Additional Fees required under 37 CFR. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`.
`
`.
`
`-—m message Digest
`
`File Size(Bytes)/
`
`Multi
`
`Part I'Zip
`
`Pages
`
`(ifaple
`
`
`
`Miscellaneous Incoming Letter
`
`|ssueFeeLetter.pdf
`
`bbbc'l IUI60/534 lbUaebZSSI/llldeSbcf'l
`0105
`
`77(64Ph967IhFOfia7aath1fdPaadh9Fnh33
`83977
`
`Fee Worksheet (SB06)
`
`fee—info.pdf
`
`6&5Li3de7cei42i0dd21459eb73ild5422e4
`(10]
`
`Information:
`
`Total Files Size (in bytes)
`
`172697
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`BLACKBERRY EX. 1008, pg. 6
`
`BLACKBERRY EX. 1008, pg. 6
`
`

`

`
`
`MAIL STOP ISSUE FEE
`Commissioner For Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`June 24, 2011
`
`Re:
`
`Applieant(s):
`Assignoc:
`.Title:
`
`Robert A. Lotter and Timothy S. Allard
`eAgency, Inc.
`MOBILE COMlVIUNICATION DEVICE
`MONITORING SYSTEMS AND METHODS
`
`Serial No:
`Examiner:
`Docket No.:
`
`11/695500
`Tran] Mong-Thuy Thi
`M-16796 US (70465.6)
`
`Filed: April 2, 2007
`Group Art Unit: 2617
`Confirmation No: 2769
`
`Dear Sir:
`
`Transmitted herewith are the following documents in the above-identified
`application:
`
`(1) This Transmittal Letter; and
`(2) Part B — Fee Transmittal
`
`
`
`Respectfully submitted.
`
`1““ 34= 2011
`
`,
`
`.
`,
`s}
`.'
`.
`_,,/ 37/ ‘:
`i
`4,
`,-_.
`
`' 2""
`(c
`',_4
`a» '.
`"4/
`if '
`I/Rf
`/Z.4rz£§£/»/;
`{j
`
`Greg 1. Michelson
`Haynes and Boone, LLP
`Afiorneys and Counselors
`lS-l OO Von Kormon, Suite 750
`Irvine] California 92612
`Phone: 949.202.3022
`Fax: 949.202.330l
`greg.michelson@hoynesboone.com
`
`BLACKBERRY EX. 1008, pg. 7
`
`31 1“
`e 1 ca 6 0
`I hereby certify that This correspondence is being electronically
`transmitted via EFS Web to the Commissioner for Patents, PO.
`.
`Box 14-50, Alexandria, VA 22313-1450, on the date stated
`below
`( 2&45/“1-5
`
`Pia S. Kamath
`.
`
`Greg J. Michelson
`Attorney for Applicants
`Reg. No. 44,940
`
`BLACKBERRY EX. 1008, pg. 7
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addiess: COIVINHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`32605
`
`7590
`
`06/09/2011
`
`Haynes and Boone, LLP
`IP Section
`2323 VictoryA
`SUITE 700
`Dallas, TX 75219
`
`EXAIVIINER
`
`TRAN, MONG—THUY THl
`
`2617
`
`DATE MAILED: 06/09/201 1
`
`Robert A. Letter
`04/02/2007
`11/695,500
`TITLE OF INVENTION: MOBILE COMMUNICATION DEVICE MONITORING SYSTEMS AND METHODS
`
`M-16796 US
`
`2769
`
`APPLN. TYPE
`SMALL ENTITY
`ISSUE :EE DUE
`PUBLIC ATION FEE DUE
`PREV. PAID ISSITE FEE
`TOTAL FEE(S) DUE
`DATE DUE
`
`$0
`nonprovisional
`YES
`$755
`$300
`$1055
`09/09/2011
`
`
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL 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 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 FORIVI
`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:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`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
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a 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 PUBLICATION FEE (if required). If you are charging thc fcc(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.
`
`IMPORTANT REMINDER: Utility patents issuing an 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. 02/11)
`
`Page 1 of 3
`
`BLACKBERRY EX. 1008, pg. 8
`
`BLACKBERRY EX. 1008, pg. 8
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (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
`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated 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.
`CURRENT CORRESPONDENCEADDRESS (Note: Use Block lfor any change ofmidress}
`
`32605
`
`7590
`
`06/09/2011
`
`Haynes and Boone, LLP
`1P S
`t.
`6C 10H
`2323 Victory Avenue
`SUITE 700
`Dallas, TX 75219
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`1
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave 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 Lnited
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`
`
`
`(Depositor's name)
`(Signature)
`(Dam)
`
`Robert A. Letter
`04/02/2007
`11/695,500
`TITLE OF INVENTION: MOBILE COMMUNICATION DEVICE MONITORING SYSTEMS AND METHODS
`
`M-16796 US
`
`2769
`
`APPLN. TYPE
`SMALL ENTITY
`ISSUE :EE DUE
`PUBLICATION FEE DUE
`PREV. PATD ISSITE FEE
`TOTAL FEE(_'S) DUE
`DATE DUE
`
`$0
`nonprovisional
`YES
`$755
`$300
`$1055
`09/09/2011
`
`
`
`TRAN, MONG-TI‘IUY TI'II
`
`2617
`
`455-432300
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF { 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/122) attached.
`3 ”Fee Address" indication (or ”Fee Address" Indication form
`)TO/SB/47; Rev 0302 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page. list
`(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 will be printed.
`
`2
`1
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`)LEASE 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) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO—2038 is attached.
`\
`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Depos1t Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:l b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 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 assignec or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typed or printed name
`
`This collection of information is required by 37 CFR 1.311. The information is re uired 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. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary de endin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or su gestions for reducing this burden, should be sent to the C ief In ormation Officer, US. Patent and Trademark Office, US. Department of Commerce. 13.0.
`Box 1450, Alexan ria, Virginia 22313—1450. DO NOT SEND FEES OR COMPLETED FORVIS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 223 1 3— 1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
`
`PTOI.—85 (Rev. 02/] 1) Approved for use through 08/31/2013.
`
`0MB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COVIMERCE
`
`BLACKBERRY EX. 1008, pg. 9
`
`BLACKBERRY EX. 1008, pg. 9
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addiess: COIVINIISSION'ER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`APPLICATION NO.
`FILENG DATE
`FIRST NAIVIED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`11/695,500
`04/02/2007
`Robert A. Lotter
`M-16796 US
`2769
`
`Haynes and Boone, LLP
`IP Section
`2323 VictoryA
`SUITE 700
`Dallas, TX 75219
`
`TRAN, MONG—THUY THI
`
`2617
`
`DATE MAILED: 06/09/201 1
`
`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 568 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 Adj ustment will be 568 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
`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
`
`BLACKBERRY EX. 1008, pg. 10
`
`BLACKBERRY EX. 1008, pg. 10
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (PL. 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: (l) 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 US. Patent and Trademark Office may not be able to process and/or examine
`your submission, which may result 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. A record 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 Member with 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 pursuant to the Atomic Energy
`Act (42 U.S.C. 218(0)).
`to the Administrator,
`7. A record from this system of records may be disclosed, as a routine use,
`General Services, or his/her dcsigncc, during an inspection of records conducted by GSA as part of
`that agency's responsibility to recommend improvements in records management practices 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. A record from this system of records may be disclosed, as a routine use, to the public after either
`publication of the application pursuant to 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
`routine use, to the public if the record was filed in an application which became abandoned or in
`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 becomes aware of a Violation or potential Violation of law or
`regulation.
`
`BLACKBERRY EX. 1008, pg. 11
`
`BLACKBERRY EX. 1008, pg. 11
`
`

`

`
`Application No.
`Applicant(s)
`
`11/695,500
`LOTTER ET AL.
`Examiner
`Art Unit
`
`.
`_
`_
`Notice of Allowabrllty
`
`
`
`MONG-THUY TRAN 2617
`
`
`
`-- The MAILING DA TE of 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 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. E This communication is responsive to 03/30/2011.
`
`2. E The allowed claim(s) is/are 1 - 38.
`
`3. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) [I All
`b) [I Some*
`0) El None
`of the:
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`3. El 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 of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. El A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) [I including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO—948) attached
`
`1) I] hereto or 2) I] to Paper No./Mai| Date
`(b) I] including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| 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. El 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. El Notice of References Cited (PTO-892)
`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`5. El Notice of Informal Patent Application
`6.
`Interview Summary (PTO-413),
`Paper No./Mai| Date 05/24/2011.
`Examiner‘s Amendment/Comment
`
`7.
`
`8.
`
`Examiner‘s Statement of Reasons for Allowance
`
`Examiner, A” Unit 2617
`
`Supervisory Patent Examiner, Art Unit 2617
`
`3. El Information Disclosure Statements (PTO/SB/OS),
`Paper No./Mai| Date
`4. I] Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`9. D Other
`
`/MONG—THUY TRAN/
`/KAMRAN AFSHAR/
`
`
`
`
`U 8 Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Part of Paper No./Mai| Date 20110524
`
`Notice 01 Allowability
`
`BLACKBERRY EX. 1008, pg. 12
`
`BLACKBERRY EX. 1008, pg. 12
`
`

`

`
`Application No.
`Applicant(s)
`
`
` _ 11/695,500 LOTTER ET AL.
`
`lntervrew summary
`Examiner
`A" Unit
`MONG-THUY TFIAN
`2617
`
`
`
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) MONG-THUY TRAN.
`
`(3)Mr. GREG MICHELSON (Reg. # 44,9401.
`
`(2) Ms. KA THY WANG-HURST.
`
`(4)
`
`.
`
`Date of Interview: 24 May 2011.
`
`b)I:I Video Conference
`Type: a). Telephonic
`c)|:l Personal [copy given to: 1)|:I applicant
`
`2)|:| applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`d)I:I Yes ME No.
`
`
`Claim(s) discussed: 18-20 25 26 30 32 35 and 36.
`
`Identification of prior art discussed:
`
`Agreement with respect to the claims URI was reached. g)l:l was not reached. h)|:l N/A.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`reached, or any other comments: Discussed merits of the claims and Applicant authorized the Examiner's
`Amendment, which is fully addressed in the Office Action.
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
`allowable is available, a summary thereof must be attached.)
`
`THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
`
`If a reply to the last Office action has already been filed, APPLICANT IS
`INTERVIEW. (See MPEP Section 713.04).
`GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS
`INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO
`FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview
`requirements on reverse side or on attached sheet.
`
`i’MONG-THUY TRAN/
`
`Examiner. A” UnI12617
`U.S. Patent and Trademark Office
`PTOL-413 (Rev. 04-03)
`
`/KAM RAN AFSHAR/
`
`
`
`Supervisory Patent Examiner, Art Unit 2617
`
`Interview Summary
`
`Paper No. 20110524
`
`BLACKBERRY EX. 1008, pg. 13
`
`BLACKBER