`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
`If a 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 of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a 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/DO/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
`If a 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 181 O), 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.
`
`124/245
`
`DOJ EX. 1009
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`Art Unit: TBD
`
`Examiner: TBD
`
`Attorney Docket No: ENIT 9834C2
`
`Applicant: Wood, et al
`
`Application No: 13/311,448
`
`Filed: 12/05111
`
`For:
`
`BROADCAST ALERTING
`MESSAGE AGGREGATOR/
`GATEWAY SYSTEM AND
`METHOD
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`PRELIMINARY AMENDMENT RESPONSE TO MISSING PARTS
`
`Sir:
`
`In response to the Notice of Missing Pait of December 21, 2011, please amend the
`
`application as follows and consider the remarks set forth below.
`
`Amendments to the Specification begin on page 2 of this paper.
`
`Remarks begin on page 3 of this paper.
`
`Serial No. 13/311,448
`
`Page 1of3
`
`125/245
`
`DOJ EX. 1009
`
`
`
`AMENDMENTS TO THE SPECIFICATION
`
`Please replace the Abstract with the following paragraph rewritten in amendment format:
`
`A message processing system and method fef providing a broadcast message to a
`
`plurality of user devices located within a geographically defined broadcast target area, the system
`
`including a broadcast service bureau communicatively coupled for receiving from oee of a
`
`plurality of coupled broadcast agent access system systems providing a broadcast request from
`
`an originating broadcast agent associated one broadcast agent message origination systems. The
`
`systems; the received broadcast request includes a broadcast agent identification, the
`
`geographically defined broadcast target area, and a broadcast message, the broadcast service
`
`bureau configured for verifying the broadcast request as a function of the broadcast agent
`
`identification including an authority of the originating broadcast agent to send the broadcast
`
`message to the broadcast target aretr. The-area; the broadcast service bureau processing the
`
`veiified broadcast request for transmission to one or more broadcast message networks providing
`
`broadcast message alerting service to at least a portion of the broadcast target area.
`
`Serial No. 13/311,448
`
`Page 2of3
`
`126/245
`
`DOJ EX. 1009
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`13311 448
`
`05-Dec-2011
`
`Title of Invention:
`
`BROADCAST ALERTING M ESSAGE AGGREGATOR/GATEWAY SYSTEM AND
`METHOD
`
`First Named Inventor/Applicant Name:
`
`Mark Andrew Wood
`
`Filer:
`
`David L. Howard/Kim Adler
`
`Attorney Docket Number:
`
`ENIT9834C2
`
`Filed as Small Entity
`
`Utility under 35 USC 111 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Late filing fee for oath or declaration
`
`2051
`
`1
`
`65
`
`65
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Al lowance-and-Post-lssuance:
`
`Extension-of-Time:
`
`127/245
`
`DOJ EX. 1009
`
`
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USO($)
`
`Miscellaneous:
`
`Total in USO($)
`
`65
`
`128/245
`
`DOJ EX. 1009
`
`
`
`CONCLUSION
`
`It is believed that all items addressed in the Notice of Missing Parts have been properly
`
`accommodated. Applicants therefore respectfully request that the Office examine the application
`
`as filed.
`
`Other than the Missing Part fee of $65 for the delayed filed inventor Declarations,
`
`Applicants believe that he does not owe any other fee in connection with this filing. If, however,
`
`Applicants do owe any such other fee, the Commissioner is hereby authorized to charge the fee
`
`to Deposit Account No. 162201. In addition, if there is ever any other fee deficiency or
`
`overpayment under 37 C.F.R. § 1.16 or 1.17 in connection with this patent application, the
`
`Commissioner is hereby authorized to charge such deficiency or overpayment to Deposit
`
`Account No. 162201.
`
`Respectfully submitted,
`
`Dated: 2/14/12
`
`=--='--"--'==-~~~~~~
`
`s/David L. Howard/
`
`DAVID L. HOWARD
`Reg. No. 41,502
`P OLSTER LIEDER WOODRUFF & L UCCHESI
`Suite 200
`12412 Powerscowi Olive
`St. Louis, MO 63131
`Tel: 314-238-2460
`Fax: 314-238-2401
`
`Serial No. 13/311,448
`
`Page 3of3
`
`129/245
`
`DOJ EX. 1009
`
`
`
`DECLARATION AND POWER OF ATTORNEY
`FOR PATENT APPLICATION
`
`I hereby declare that:
`
`Each inventor's residence, mailing address, and citizenship are as stated below next to their name.
`
`I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter
`that is claimed and for which a patent is sought on the invention entitled BROADCAST ALERTING
`MESSAGE AGGREGATOR/GATEWAY SYSTEM AND METHOD, the specification of which was
`filed on December 5, 2011 as United States Application Number 13/311,448 and as attorney docket
`number ENIT 9834C2.
`
`I hereby state that I have reviewed and understand the contents of the above-identified
`specification, including the claims, as amended by any amendment specifically referred to above.
`
`I acknowledge the duty to disclose information which is material to patentability as defined in 37
`CFR 1.56, including for continuation-in-part applications, material information which became available
`between the filing date of the prior application and the national or PCT international filing date of the
`continuation-in-part application.
`
`C8J If checked, the undersigned hereby grants the USPTO authority to provide the European Patent
`Office (EPO), the Japan Patent Office (JPO), and any other intellectual property offices in which a foreign
`application claiming priority to the above-identified application is filed access to the above-identified patent
`application. See 37 CFR l 14(c) and (h). This box should not be checked if the applicant does not wish
`the EPO, JPO, or other intellectual property office in which a foreign application claiming priority to the
`above-identified application is filed to have access to the application.
`
`In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy of the application-as-filed
`with respect to: l) the above-identified application, 2) any foreign application to which the above-identified
`application claims priority under 35 USC l l 9(a)-(d) if a copy of the foreign application that satisfies the
`certified copy requirement of 37 CFR 1.55 has been filed in the above-identified US application, and 3) any
`U.S. application form which benefit is sought in the above-identified application.
`
`In accordance with 3 7 CFR 1.14( c ), access may be provided to information concerning the date of
`filing the Authorization to Permit Access to Application by Participating Offices.
`
`I hereby claim the benefit under Title 35, United States Code, §l 19(e) of any United
`States Provisional Applications listed below·
`
`60/544 739
`Application Number
`
`2113104
`Filing Date
`
`I hereby claim the benefit under Title 35, United States Code, § 120 of any United States
`applications listed below:
`
`12/559,405
`(Application No.)
`
`9/14/09
`(Filing Date)
`
`Patented (Patent No. 8073903)
`(Status - patented, pending, abandoned)
`
`ENIT 9834C2
`
`Page 1 of2
`
`130/245
`
`DOJ EX. 1009
`
`
`
`2J.t4JOS
`
`.. _____ _
`?~den~ (Patent No . . 77522:59)
`($tatu;s 0
`'pate:nJ~~ p~ridin& ab$1tfo~l.e.d)
`.
`.
`.
`
`!'hereby. uppofot th~ rews•eted att(}m0ys a$u!]iatoo witb Custome.r Nun1&er· 601688
`:to, proset?utc tb:i); api)~don ·mid fo trn1lSact all bu$me$s 1J1 ·t&e .Patent ru1d Trndewa.rk Oi.)lc~
`cc~ted th~re.\vlUt~ ·
`
`~tf~ _an co~~~ndc~~..e t9 CU$·famer Number 001688.
`
`pit~ ~\t tclcpJlone c~ to I).aw1 ijow~t~ al t-elepJto>he No-~ _(3 .M) 238-24Qt) •.
`
`l · h~r~by tl~la~ ~.at ~1llt4a.~enie~ts.·n~li~ h~em9fJny f.>'Vlm kn~w1edgeilre true a~rJthat all
`~t~~e~~t~ ·~l#d~ . 9~ .itif:~rrni1tfcp; _au~- ~~Ue:f :~kl~~ · betie\,r«l to bi;; ~l1!e~ _ti!ld fut~b~r ~hat t.hese
`$tµt.f}il~ilW. vt'ere:· nisld.,~ v4t1'. $'.e kt\owlOOge tna; 'V{illfhJ 'fat$e ~'t(l~~'lWi'•ts mid ~he like so nmde nre.
`pUflis}~~~e .h)' fuie o(',\mprt$l~l1imnt. or buUi~ :)inder: lS. U.$.C. UlOl ~d ~t s~ch willful tal~e
`~iatefuen~ ~y Je~p~r.?ize ~~1~ \oa~djtY O~ijle applf,tiai.ii:>'1t QI iltl}i pal¢11t· issUe!'f tht~lliL
`_fli°V ~a of f,irst Iqv~ntQr-~·
`
`lnventw.r~ $igMtur\}:
`Resideri.ce=
`+ ~~:. -.~·~
`-. ~lttte,l}~:Wp; ·
`P,~~t'Qi)l~-e A4dt~$;
`
`• • :
`
`: ·
`
`W.v~m~~1~ Slgttatt.tre.!'
`Residei)c&.
`·
`"¢tW?.~1µ?::i
`:ro$t omceAd<J~s·:
`
`••
`
`.. .
`
`.
`
`.
`
`;
`
`. , . • l
`
`. Daw;
`.
`.
`~ji1 ·~i~wJ~r"=--· ...... ro-.. ·:=~-< •
`• Gr(;ttr. 81·itain
`~~1.~fy .. Cej~~d r~.ims ~enn.it\Qyn L~e. .M:a:~h~~,
`·
`.owe~fi(ln>¢:tlrsm...
`. .
`. " .
`
`,.
`
`.
`
`-.:...--.:......
`
`.Date:~-=~ .. ~
`. .
`_ _ ..
`.~ . .,,;,,
`us
`'•
`,
`.
`feyol"N¢.i.Y P!ir~ tlfob~y~Stat!! ofF19tkfa
`'~~-·i.~ J{\idde'i:,'\V.~Y.,.-New P.ott R:fclte)it FL: 346Si
`
`Picge;? 6f2
`' . ..
`
`'
`
`)
`1
`
`131/245
`
`DOJ EX. 1009
`
`
`
`DECLARATION AND POWER OF ATTORNEY
`FOR PATENT APPLICATION
`
`I hereby declare that:
`
`Each inventor's residence, mailing address, and citizenship are as stated below next to their name.
`
`I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter
`that is claimed and for which a patent is sought on the invention entitled BROADCAST ALERTING
`MESSAGE AGGREGATOR/GA TEWAY SYSTEM AND METHOD, the specification of which was
`filed on December 5, 2011 as United States Application Number 13/311,448 and as attorney docket
`number ENIT 9834C2.
`
`I hereby state that I have reviewed and understand the contents of the above-identified
`specification, including the claims, as amended by any amendment specifically referred to above.
`
`I acknowledge the duty to disclose information which is material to patentability as defined in 37
`CFR 1.56, including for continuation-in-part applications, material information which became available
`between the filing date of the prior application and the national or PCT international filing date of the
`continuation-in-part application.
`IZJ If checked, the undersigned hereby grants the USPTO authority to provide the European Patent
`Office (EPO), the Japan Patent Office (JPO), and any other intellectual property offices in which a foreign
`application claiming priority to the above-identified application is filed access to the above-identified patent
`application. See 37 CFR J .14(c) and (h). This box should not be checked if the applicant does not wish
`the EPO, JPO, or other intellectual property office in which a foreign application claiming priority to the
`above-identified application is filed to have access to the application.
`
`In accordance with 37 CFR I .14(h)(3), access will be provided to a copy of the applicat1on-as-filed
`with respect to: 1) the above-identified application, 2) any foreign application to which the above-identified
`application claims priority under 35 USC l l 9(a)-(d) tf a copy of the foreign application that satisfies the
`certified copy requirement of 3 7 CFR 1.55 has been filed in the above-identified US application, and 3) any
`U.S. application form which benefit is sought in the above-identified application.
`
`In accordance with 37 CFR l.14(c), access may be provided to information concerning the date of
`filing the Authorization to Permit Access to Application by Participating Offices.
`
`I hereby claim the benefit under Title 35, United States Code, §l 19(e) of any United
`States Provisional Applications listed below·
`
`60/544 739
`Application Number
`
`2/13/04
`Filing Date
`
`I hereby claim the benefit under Title 35, United States Code, § 120 of any United States
`applications listed below:
`
`12/559,405
`(Application No.)
`
`ENIT 9834C2
`
`9/ 14/09
`(Filing Date)
`
`Patented (Patent No. 8073903)
`(Status - patented, pending, abandoned)
`
`Page 1 of2
`
`132/245
`
`DOJ EX. 1009
`
`
`
`11/057 704
`(Application No.)
`
`2/14/05
`(Filing Date)
`
`Patented CPatent No. 7752259)
`(Status - patented, pending, abandoned)
`
`I hereby appoint the registered attorneys associated with Customer Number 001688
`to prosecute this application and to transact all business in the Patent and Trademark Office
`connected therewith.
`
`Address all correspondence to Customer Number 001688.
`
`Direct all telephone calls to David Howard at Telephone No. (314) 238-2400.
`
`I hereby declare that all statements made herein of my own knowledge are true and that
`all statements made on information and belief are believed to be true; and further that these
`statements were made with the knowledge that willful false statements and the Hke so made are
`punishable by fine or imprisonment, or both, under 18 U.S.C. 100 I and that such willful false
`statements may jeopardize the validity of the application or any patent issued thereon.
`
`Full name of First Inventor:
`
`Mark Andrew Wood
`
`City ofHaselmere, SuiTey
`Great Britain
`.3 Lion Lane~ Haselmere, Surrey GB GU 17 I JF
`
`Inventor's Signature:
`Residence:
`Citizenship:
`Post Office Address:
`
`Full name of Second Inventor:
`
`Inventor's Signature:
`Residence:
`Citizenship:
`Post Office Address:
`
`Kevin Russell Preston
`
`
`
`
`
`-~____._·~-~~~-~~'---·· .....___Date: \1 }\) \'L
`
`City of Newport
`Great Britain
`Stonegate, GJasllwch Lane
`Newport,NP203PR,UK
`
`Full name of Third Inventor:
`
`Douglas Weiser
`
`Inventor's Signature:
`Residence:
`Citizenship:
`Post Office Address:
`
`______ ____ Date: ___ _
`City of New Port Richey, State of Florida
`us
`4218 Rudder Way, New Port Richey, FL 34652
`
`ENIT9834C2
`
`Page 2 of2
`
`133/245
`
`DOJ EX. 1009
`
`
`
`DECLARATION AND POWER OF ATTORNEY
`FOR PATENT APPLICATION
`
`I hereby declare that:
`
`Each inventor's residence, mailing address, and citizenship are as stated below next to their name.
`
`I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter
`that is claimed and for which a patent is sought on the invention entitled BROADCAST ALERTING
`MESSAGE AGGREGATOR/GATEWAY SYSTEM AND METHOD, the specification of which was
`filed on December 5, 2011 as United States Application Number 13/311,448 and as attorney docket
`number ENIT 9834C2.
`
`I hereby state that I have reviewed and understand the contents of the above-identified
`specification, including the claims, as amended by any amendment specifically refe1Ted to above.
`
`I acknowledge the duty to disclose information which is material to patentability as defined in 37
`CPR 1.56, including for continuation-in-part applications, material information which became available
`between the filing date of the prior application and the national or PCT international filing date of the
`continuation-in-pait application.
`
`~ If checked, the undersigned hereby grants the USPTO authority to provide the European Patent
`Office (EPO), the Japan Patent Office (JPO), and any other intellectual property offices in which a foreign
`application claiming priority to the above-identified application is filed access to the above-identified patent
`application. See 37 CFR 1.14( c) and (h). This box should not be checked if the applicant does not wish
`the EPO, JPO, or other intellectual property office in which a foreign application claiming priority to the
`above-identified application is filed to have access to the application.
`
`In accordance with 3 7 CFR 1. l 4(h)(3), access will be provided to a copy of the application-as-filed
`with respect to: 1) the above-identified application, 2) any foreign application to which the above-identified
`application claims priority under 35 USC 119(a)-(d) if a copy of the foreign application that satisfies the
`certified copy requirement of 37 CPR 1.55 has been filed in the above-identified US application, and 3) any
`U.S. application form which benefit is sought in the above-identified application.
`
`In accordance with 3 7 CFR 1.14( c ), access may be provided to information concerning the date of
`filing the Authorization to Permit Access to Application by Participating Offices.
`
`I hereby claim the benefit under Title 35, United States Code, § 119(e) of any United
`States Provisional Applications listed below:
`
`60/544 739
`Application Number
`
`2/13/04
`Filing Date
`
`I hereby claim the benefit under Title 35, United States Code, § 120 of any United States
`applications listed below·
`
`12/559 405
`(Application No.)
`
`9114109
`(Filing Date)
`
`Patented (Patent No. 8073903)
`(Status · patented, pending, abandoned)
`
`ENIT 9834C2
`
`Pagel of2
`
`134/245
`
`DOJ EX. 1009
`
`
`
`I
`
`I
`I
`l
`I
`I
`I
`
`1
`
`11/057.704
`(Application No.)
`
`2/14/05
`(Filing Date)
`
`Patented (Patent :No. 7752259)
`(Status ~ pate.11ted, pending, aba1~doned)
`
`I hereby appoit1t the registered attorneys associated with Customer Number 001688
`to prosecute this application and to transact all busmcss i:o the Patent and Trademark Office
`connected therewjtl1.
`
`Address all correspondence to Customer Numbel' 001688.
`
`Direct all telepltou.e calls to David Howard at Telephone No. (314) 238-2400.
`
`I hereby declare that all statements made herein of my own knov.1ledgc are true and that all
`statements made Oll infonnatioo. and belief are believed to bo t1t1e; alld furthe1' that these
`statements were made witb cbe lmowledge that willful false statements ai1d tbe like so made are
`punishable ·by fine or imprisonment, or both, under 18 U.S.C. 1001 and tbat such willful fu.lse
`stateme11ts may jeopardize the validity of the application or a.ny patent issued thereon.
`
`Full naine of First Inventor:
`
`Mark Andrew Wood
`
`Inventor's Signature:
`Residence:
`Citizenship:
`Post Office Address:
`
`City of Ha.~Imere) Surrey
`Great BritaitJ
`3 Lion LMe, Ha."leltnere, Surrey GB GUl 7 lJF
`
`Fun name of Second lnvento1·'. Kev1n Russell Preston
`
`lnvento1~s Sigttattire:
`R.eside.IJ.ce:
`Citizensh1p:
`Post Office Address:
`
`FuJJ mune of Third Inventor:
`
`lnve1ltors Signature:
`Residence:
`Citizenshi.p:
`'Post Office Address:
`
`City of Gwent
`Great Britain
`Nanty· Celslad Farm, PeD11ilwyn Lane Machen,
`Gwent GB Cffl3 8RL
`
`4218 Rudder Way, New Port Richey, FL 34652
`
`ENlT9834C2
`
`Page 2 of2
`
`135/245
`
`DOJ EX. 1009
`
`
`
`PATENT APPLICATION FEE DETERMINATION RECORD
`Subs1i1ute for Form PT0-875
`
`Application or Docket Number
`13/311,448
`
`APPLICATION AS FILED - PART I
`(Column 1)
`(Column 2)
`
`SMALL ENTITY
`
`OR
`
`OTHER THAN
`SMALL ENTITY
`
`FOR
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`RATE($)
`
`FEE($)
`
`RATE($)
`
`FEE($)
`
`BASIC FEE
`(37 CFR 1.16(a), (b), or (c))
`SEARCH FEE
`(37 CFR 1. 16(k), (i), ex (m))
`EXAM INATION FEE
`(37 CFR 1.16(0), (p), or (q))
`TOTAL CLAIMS
`(37 CFR 1.16(i))
`INDEPENDENT CLAIMS
`(37 CFR 1.16(h))
`
`APPLICATION SIZE
`F EE
`(37 CFR 1.16(s))
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`20
`
`2
`
`minus 20=
`
`minus 3 =
`
`N/A
`
`N/A
`
`N/A
`
`30
`
`125
`
`=
`
`=
`
`)(
`
`)(
`
`If the specification and drawings exceed 100
`sheets of paper, the application size fee due is
`$310 ($155 for small entity) for each additional
`50 sheets or fraction thereof. See 35 U.S .C .
`41(a)(1)(G) and 37CFR1.16(s).
`
`MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j))
`
`• II the difference in column 1 is less than zero. enter "O" in column 2.
`
`TOTAL
`
`APPLICATION AS AM END ED - PART II
`
`95
`
`310
`
`125
`
`0.00
`
`0.00
`
`0.00
`
`0.00
`
`530
`
`N/A
`
`N/A
`
`N/A
`
`OR
`
`TOTAL
`
`(Column 3)
`
`SMALL ENT ITY
`
`OR
`
`O T HER T HAN
`SMALL ENTITY
`
`PRESENT
`EXTRA
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`(Column 1)
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`<(
`I-
`z
`w
`Total
`~ (37 CFR 1.16(Qf
`0
`z
`Independent
`w
`(37 C FR 1.16(hl)
`~ Application Size Fee (37 CFR 1.16(s))
`<(
`
`(Column2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`..
`...
`
`,.,."~
`
`l>inus
`
`=
`-
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`(Column 1)
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`m
`I-
`z
`w
`Tola!
`~ (37 CFR 1.16(i))
`0
`z
`Independent
`w
`(37 C FR 1.16(h))
`~ Application Size Fee (37 CFR 1. 16(s))
`<(
`
`(Column2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`..
`...
`
`(Column 3)
`
`PRESENT
`EXTRA
`
`=
`
`=
`
`Mn us
`
`r.fnus
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`)(
`
`)(
`
`x
`
`x
`
`=
`
`=
`
`OR
`
`OR
`
`x
`
`x
`
`=
`
`=
`
`TOTAL
`ADD'LFEE
`
`OR
`
`OR
`
`TOTAL
`ADD'L FEE
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`RATE($)
`
`ADDITIONAL
`FEE($)
`
`=
`
`=
`
`=
`
`=
`
`OR
`
`OR
`
`x
`
`x
`
`OR
`
`OR
`
`TOTAL
`ADD'L FEE
`
`TOTAL
`ADD'LFEE
`• If the entry in column 1 is less than the entry in column 2, write "O" in column 3.
`•• lf1he "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
`••• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the apprepriate box in column 1.
`
`136/245
`
`DOJ EX. 1009
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`
`
`APPLICATION
`NUMBER
`13/311,448
`
`FILING or
`37l(c)DATE
`12/05/201 1
`
`GRPART
`UNIT
`2617
`
`FIL FEE REC'D
`595
`
`1688
`Polster, Lieder, Woodruff & Lucchesi, L.C.
`1241 2 Powerscourt Dr. Suite 200
`St. Louis, MO 63131-3615
`
`Ul'l'l'lm S'l'ATl':S IW:PARTM l':Yr or COMMl': rtcr;
`United States Pa te nt and Tt ademark Office
`AddJ ..... coMM ISSIO'.'IER FOR PATENTS
`P.O Box 1• 50
`>\l<xanJria, V'uginia 223 13-1~50
`w\\"'.uspto.gov
`
`A TIY.DOCKET.NO
`ENIT9834C2
`
`TOT CLAIMS IND CLAIMS
`20
`2
`CONFIRMATION NO. 9039
`UPDATED FILING RECEIPT
`11H1m1111111111111~~~m~~mu~~1111~~11111111111~ 1111111111
`
`Date Mailed: 02/24/2012
`
`Receipt is acknowledged of this non-provisional patent application. The application will be taken up for examination
`in due course. Applicant will be notified as to the results of the examination. Any correspondence concerning the
`application must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE,
`NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection.
`Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please
`submit a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the
`changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Applicant(s)
`
`Mark Andrew Wood, Haslemere, UNITED KINGDOM;
`Kevin Russell Preston, Newport, UNITED KINGDOM;
`Douglas Weiser, New Port Richey, FL;
`Assignment For Published Patent Application
`ENVISIONIT LLC, St. Charles, MO
`Power of Attorney: The patent practitioners associated with Customer Number 001688
`
`Domestic Priority data as claimed by applicant
`This application is a CON of 12/559,405 09/14/2009 PAT 8073903
`which is a CON of 11/057,704 02/14/2005 PAT 7752259
`which claims benefit of 60/544, 739 02/ 13/2004
`
`Foreign Applications (You may be eligible to benefit from the Patent Prosecution Highway program at the
`USPTO. Please see http://www.uspto.gov for more information.)
`
`Permission to Access - A proper Authorization to Permit Access to Application by Participating Offices
`(PTO/SB/39 or its equivalent) has been received by the USPTO.
`
`If Required, Foreign Filing License Granted: 12/16/2011
`The country code and number of your priority application, to be used for filing abroad under the Paris Convention,
`is US 13/311,448
`Projected Publication Date: 06/07/2012
`Non-Publication Request: No
`Early Publication Request: No
`
`page 1of3
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`
`
`** SMALL ENTITY **
`Title
`
`BROADCAST ALERTING MESSAGE AGGREGATOR/GATEWAY SYSTEM AND METHOD
`
`Preliminary Class
`
`455
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
`patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance as to the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the U.S. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative,
`this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the U.S. Government hotline at 1-866-999-HAL T (1-866-999-4158).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`The applicant has been granted a license under 35 U.S.C. 184, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where
`page 2 of 3
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`
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37 CFR 5.13 or 5.14.
`
`This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselves of current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 CFR 121 -128)); the Bureau of Industry and
`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of
`Treasury (31 CFR Parts 500+) and the Department of Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED , FOREIGN FILING
`LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed
`from the filing date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181 , the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
`
`Se/ectUSA
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage, facilitate, and accelerate business investment. To learn more about why the USA is the best
`country in the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`page 3 of 3
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`
`
`
`U NITED STATES P ATENT AND TRADEMARK O FFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States f>ateot and Trademark Office
`Address: COMMISSIONF.R FOR PATENTS
`P.O. (lox 1450
`Alexandria. Virginia 22313·1450
`www.usplo.gov
`
`APPLICATION NO.
`
`FIUNGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/311,448
`
`12/05/2011
`
`Mark Andrew Wood
`
`Ei'llT 9834C2
`
`9039
`
`1688
`7590
`041241201 2
`Polster, L ieder, Woodruff & Lucchesi, LC.
`12412 Powerscourt Dr. Suite 200
`St. Louis, MO 63131-3615
`
`EXAMINER
`
`JOO, JOSHUA
`
`ART UNIT
`
`PAPER NUMBER
`
`2445
`
`MAil.DATE
`
`04/24/2012
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time peliod for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`140/245
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`
`
`Office Action Summary
`
`Application No.
`
`13/311,448
`
`Examiner
`
`Applicant( s)
`
`WOOD ET AL.
`
`Art Unit
`
`2445
`JOSHUA JOO
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions ol 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 oommunication.
`II 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 withi n the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Ollice later than three months after the mailing date ol this communication. even ii timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`1 )