`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Vatent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`www.uspto.g:
`Alexandria, Virginia 22313-1450
`
`PATENT NO.
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`8817984
`
`47583.3
`
`5655
`
`APPLICATION NO.
`
`13/366,197
`
`ISSUE DATE
`
`08/26/2014
`
`27683
`
`7590
`
`08/06/2014
`
`HAYNES AND BOONE, LLP
`IP Section
`2323 Victory Avenue
`Suite 700
`Dallas, TX 75219
`
`The projected patent numberandissue 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 187 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) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis 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) WEBsite (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 Application Assistance Unit (AAU) of the Office of Data Management
`(ODM)at (571)-272-4200.
`
`APPLICANT(s)(Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Paul Timothy Miller, Irvine, CA;
`George Allen Tuvell, Thompson's Station, TN;
`
`The United States represents the largest, most dynamic marketplace in the world andis 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
`worksto encourage andfacilitate business investment. To learn more about why the USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`
`1R103 (ReAgKo} Of 207
`
`IA1013
`
`IA1013
`
`Page 1 of 207
`
`
`
`Receipt date: 02/03/2012
`
`13366197 - GAU: 2493
`
`
`
`
`
`In place of
`U.S. DEPARTMENT OF COMMERCE
`PTO-1449
`PATENT AND TRADEMARK OFFICE
`
`Form
`
`
`
`
`
`
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(use as many sheets as necessary}
`
`Application Number
`
`U. S. PATENT DOCUMENTS
`
`Complete if Known
`
`Herewith
`Hetewit
`
`Paul Miller
`Not yet assigned
`Notyet assigned
`47583.3
`
`
`
`
`
`
`
`MM-DD-VYYY
`No.
`Initials
`aorironanres|oor[ore
`
`Tepraaee62]05-15-2008"|On€isenSSCS
`
`IfaarnorissesaT|05-1220[evental
`|aaronaaraaar|F0-02-2008 thomas, eta
`Co|8aooninararetat|08-18-2007|Thomas,eal
`
`8aeons05-31-2007|Thomas, etal 200770124801
`Change(s) appred
`to documeft,__|®|20tomeza8204ki|00-10-2010|Graig S. Etchegoyen
`
`
`pa|9|s008iTas7SAT05-28-2008[RicB.RichardsonSOS
`
`/MV-O/\——~|ao[7.987.467820508-2011 Tioy P. Barber
`5/30/201f|788087208-12-2008|Timothy. Barber
`RsnsGnQO
`PS
`DRSG
`Re
`nssO
`FOREIGN PATENT DOCUMENTS
`
`Examiner's
`Initials
`
`Cite
`No.
`
`Foreign Patent
`Document
`Country Code — Number - Kind
`
`Publication Date
`MM-DD-YYYY
`
`Patentee or Applicant of Cited
`Document
`
`Transiation
`vin
`
`Examiner's
`Initials
`
`Cite
`No
`
`Include name of the author (in CAPITAL LETTERS),title of the article,title of the item, date, page(s), volume-
`issue number(s),
`publisher, city/country where published
`
`NON-PATENT LITERATURE DOCUMENTS
`
`Examiner
`
`
`
`Ie
`
`Let
`
`Date
`
`
`
`ngneions
`
`EXAMINER:Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line throughcitationif not
`in conformance and not considered.
`Include a copy of this form with next communication to applicant.
`
`
`
`
`
`
`
`0990266.1
`Customer No. 000027683
`Page HEROREFERENCES CONSIDERED EXCEPT WHERE LINED THRQOGGH.
`
`/D.H/
`
`IA1013
`
`Page 2 of 207
`
`
`
`PARTB - FEE(S) TRANSMITTAL
`
`Complete and sendthis form, together with applicable fcec(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmiltng the ISSUE FEE and PUBLICATION FEG (if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEB ADDRESS"for
`
`maintenance fee notifications.
`
`.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block | for any change of address)
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal, This certificate cannot be used for any other accompanying
`apers. Rach additional paper, such as an assignment or formal drawing, must
`pave its owa certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`certify that this Fee(s) Transmittal is being deposited with the United
`T hereby
`bale L201
`7590
`27683
`Slates Postal ervice with sufficient postage for frst class mail in an envelope
`HAYNES AND BOONE, LLP
`addressed to the Mail Stop ISSUE FEE address above, or being facsinnie
`IP Secti
`transmitted to the USPTO (571) 273-2885,on the date indicated below.
`eerpon
`2323 Victory Avenue
`Pia §. Kamath
`Suite 700
`CinfhEo Foe!
`Dallas, TX 75219
`July 21, 2014viaEFS Web
`
`(Depositor’s name}
`
`APPLICATIONNO,
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`47583.3
`Paul Timothy Miller
`.
`02/03/2012
`13/366, 197
`TITLE OF INVENTION: CRYPTOGRAPHIC SECURITY FUNCTIONS BASED ON ANTICIPATED CHANGES IN DYNAMIC MINUTIAE
`
`$655
`
` APPLN. TYPE
`
`
`
`ENTITY STATUS PUBLICATION FEE DUE|PREV, PAID ISSUE FEEISSUE FEB DUE TOTAL, FER(S) DUR DATE DUE
`
`nonprovisional
`SMALL
`$480
`30
`$0
`$480
`07/21/2014
`
`110, DAO Q
`
`2497
`
`1. Change of correspondence address orindication of "Fee Address" (37
`CFR 1.363).
`LL} Change ofcorrespondence address (or Change of Correspondence
`Address form PTOVSB/122) attached.
`LY "tee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) atlached, Use of a Customer
`Numberis required.
`
`380-255000
`
`
`
`| Haynes and Boone, LLP
`
`
`
`2. Forprinting on the patent front page, list
`(1) The namesof up to 3 registered palent attorneys
`or agents OR,alternatively,
`(2) The name of a single firm (having as a membera Bo
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. Ifnonameis
`listed, no name will be printed.
`
`4
`
`~
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED 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 sel forth in 37 CFR 3.11, Completionof lhis form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(3) RESIDENCE; (CITY and STATE OR COUNTRY)
`
`MSIGNIA,Inc.
`
`irvine, California
`
`Please check the appropriate assignee category or categories (will not be printed on the patent): Clindividuat 2 Corporation or other private group entity (2) Government
`
`4b, Payment of Fee(s): (Please first reapply uny previously puid issue fee shown above)
`da. The following fee(s) are submitted:
`C4 A cheek is enclosed.
`I) Issue Fee
`Ed Publication Fee (No smail entily discount permitted)
`gy Payment bycredit card, Form PTO-2038is allached,
`LJ Advance Order - # ofCopies
`tad The Directoris hereby authorized to charge the required fee(s), any deficiency, or credits any
`
`overpayment, to Deposit Account Number
`(enclose an extra copy ofthis form).
`
`5, Change in Entity Status (fromstatus indicated above)
`Ly Applicant certifying micro entity status. See 37 CFR 1.29
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 158), issue
`fes payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE:If he application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE:Checkingthis box will be taken to be a notification of loss ofentitlement to small or micro
`entity status, as applicable.
`NOTE:This form must be signed in accordance with 37 CPR 1.31 and 1.33. See 37 CPR14 forsignature requirements and certifications.
`
`
`| Applicant asserting small enlity status. See 37 CFR 1.27
`
`| Applicant changing to regular undiscounted fee status.
`
`Date july 21, 2014
`Aulhorized Signature LakaBurnfo
`
`
`
`
` Typed orprinted name _David Bowls oe Registration No. 39,915
`
`
`
`PTOL-85 Part B (19-13
`
`age
`
`of367
`
`ved for use through 10/31/2013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPART?
`
`GE COMMERCE
`
`"YAI013
`
`IA1013
`
`Page 3 of 207
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`CRYPTOGRAPHIC SECURITY FUNCTIONS BASED ON ANTICIPATED CHANGES
`IN DYNAMIC MINUTIAE
`
`en
`
`0
`
`Utility under 35 USC 111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD(S$)
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Publ. Fee- Early, Voluntary, or Normal
`
`1
`
`0
`
`0
`
`IA1013
`
`Page 4 of 207
`
`
`
`Extension-of-Time:
`
`Total in USD ($)
`
`Miscellaneous:
`
`Page 5 of 207
`
`1A1013
`
`IA1013
`
`Page 5 of 207
`
`
`
`Electronic AcknowledgementReceipt
`
` secinee
`
`Title of Invention:
`
`CRYPTOGRAPHIC SECURITY FUNCTIONS BASED ON ANTICIPATED CHANGES
`IN DYNAMIC MINUTIAE
`
`ee
`
`
`
`ee
`
`Paymentinformation:
`
`Submitted with Payment
`
`Payment Type
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Credit Card
`
`648
`
`081394
`
`BOWLS, DAVID B.
`
`ional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing ice
`
`TheDirector of the USPTO is hereby authorized to charge indicated fees and credit any overpaymentas follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`IA1013
`
`Page 6 of 207
`
`
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`Information:
`
`Information:
`
`gs
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`Issue Fee Payment (PTO-85B)
`
`IssueFeeTransmittal.pdf
`
`b07398dcafae7441 8905938f28500863f30
`eféd
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`b37addb62c032b621 e5fd67cafb6363cb39
`348e6
`
`the application.
`
`This AcknowledgementReceipt evidences receipt on the noted date by the USPTOofthe 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
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`AcknowledgementReceiptwill establish thefiling 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/EO/903indicating acceptanceof 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 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shownon this AcknowledgementReceiptwill establish the international filing date of
`
`Page 7 of 207
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`1A1013
`
`IA1013
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`Page 7 of 207
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`
`
`
`
`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
`
`HAYNES AND BOONE, LLP
`IP Section
`2323 Victory Avenue
`Suite 700
`Dallas, TX 75219
`
`HO, DAO Q
`
`2497
`
`DATE MAILED: 04/21/2014
`
`47583.3
`Paul Timothy Miller
`02/03/2012
`13/366,197
`TITLE OF INVENTION: CRYPTOGRAPHIC SECURITY FUNCTIONS BASED ON ANTICIPATED CHANGES IN DYNAMIC MINUTIAE
`
`5655
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`07/21/2014
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND 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 FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the ENTITY STATUSshownabove.If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
`entity status still applies.
`If the ENTITY STATUSis the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`If the ENTITY STATUSis changed from that shown above, on PART B - FEE(S) TRANSMITTAL,complete section number5 titled
`"Change in Entity Status (from status indicated above)".
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amountof small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION 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 isfiled, 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 equivalentof Part B.
`
`IH. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advisedto the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (RevDABS 8 of 207
`
`Page | of 3
`
`TA1013
`
`IA1013
`
`Page 8 of 207
`
`
`
`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.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (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
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated 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 CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`04/21/2014
`7590
`27683
`>
`HAYNES AND BOONE, LLP
`IP Secti
`ec 1on
`2323 Victory Avenue
`Suite 700
`Dallas, TX 75219
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(ate)
`
`(Depositor's name)
`(Signature)
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`
` FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`47583.3
`Paul Timothy Miller
`02/03/2012
`13/366,197
`TITLE OF INVENTION: CRYPTOGRAPHIC SECURITY FUNCTIONS BASED ON ANTICIPATED CHANGES IN DYNAMIC MINUTIAE
`
`5655
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`HO, DAO Q
`
`$480
`
`2497
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`
`
`
`
`
`$0
`
`$0
`
`$480
`
`07/21/2014
`
`380-255000
`
`2. For printing on the patent front page,list
`(1) The namesofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If nonameis
`listed, no namewill be printed.
`
`
`
`43
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has been filed for
`PLEASE 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) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`LV individual LJ Corporation or other private group entity (J Government
`
`4a. The following fee(s) are submitted:
`LI Issue Fee
`_] Publication Fee (No small entity discount permitted)
`LT Advance Order - # of Copies
`
`5. Change in Entity Status (from status indicated above)
`| Applicantcertifying micro entity status. See 37 CFR 1.29
`
`Lj Applicant asserting small entity status. See 37 CFR 1.27
`
`Lj Applicant changing to regular undiscounted fee status.
`
`
`
`
`
`4b. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted at the risk of application abandonment.
`
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a notification ofloss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification ofloss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: This form mustbe signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 14 for signature requirements and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`Page 9 of 207
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`Page 2 of 3
`OMB 0651-0033
`
`IA1013
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`IA1013
`
`Page 9 of 207
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`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
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
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`13/366,197
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`02/03/2012
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`Paul Timothy Miller
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`47583.3
`
`5655
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`HAYNES AND BOONE, LLP
`IP Section
`2323 Victory Avenue
`Suite 700
`Dallas, TX 75219
`
`HO, DAO Q
`
`2497
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`DATE MAILED: 04/21/2014
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`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 187 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 187 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustmentis 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) WEBsite (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.
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`Page 10 of207
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`of 3
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`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and
`Budget approval before requesting most types of information from the public. When OMB approves an agency
`request to collect information from the public, OMB (i) provides a valid OMB Control Number and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public whichis 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, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED 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
`respondto a collection of information unlessit displays a valid OMB control number.
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant
`to the
`requirements of the Act, please be advised that: (1) the general authority for the collection of this informationis
`35 U.S.C. 2(b)(2); (2) furnishing of the informationsolicited is voluntary; and (3) the principal purpose for which
`the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
`related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
`Trademark Office may not be able to process and/or examine your submission, which mayresult in termination of
`proceedings or abandonmentof the application or expiration of the patent.
`
`The information provided by youin 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 Memberwith respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to
`comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's
`responsibility to recommend improvements in records managementpractices and programs, under authority
`of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations
`governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive.
`Such disclosure shall not be used to make determinations about individuals.
`8. 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
`eptorcemeut agency, if the USPTO becomesaware ofa violation or potential violation of law or regulation.
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`Applicant(s)
`MILLER ET AL.
`i
`AIA (First Inventor to
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`eoynit
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`File) Status
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`No
`
`
`
`.
`
`Notice of Allowability
`
`aye
`
`Application No.
`13/366,197
`i
`
`aan
`
`-- The MAILING DATEof 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 GRANTOF PATENT RIGHTS.This application is subject to withdrawal from issue atthe initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. KJ This communication is responsive to 01/06/2014.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. J An election was madeby the applicant in response to a restriction requirementset forth during the interview on
`requirement and election have been incorporatedinto this action.
`
`3. KJ The allowed claim(s) is/are 13-14, 16-25, 27-30, 32-34. As a result of the allowed claim(s), you maybeeligible to benefit from the
`Patent Prosecution Highway program ata participating intellectual property office for the corresponding application. For more
`S$
`
`
`
`information, please see htte-//Avww.uspto.gov/patents/init_ events/oph/index.ise
`or send an inquiry to PPHfeecdback@uspio.gov .
`
`
`; the restriction
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`4. 1] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`
`Certified copies:
`*c) (J None ofthe:
`a)OJ All
`b)[LJSome
`1. [] Certified copies of the priority documents have been received.
`2. [] Certified copies of the priority documents have been received in Application No.
`3. [J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`“ Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE?”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. L] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`(1 including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the 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. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. [J Notice of References Cited (PTO-892)
`2. [] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. [] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. J Interview Summary (PTO-413),
`Paper No./Mail Date 04/11/2014 .
`
`/DAO HO/
`Examiner, Art Unit 2497
`
`5. K] Examiner's Amendment/Comment
`6. KJ] Examiner's Statement of Reasons for Allowance
`
`7. J Other
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20140416
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`Page 12 of 207
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`Application/Control Number: 13/366,197
`Art Unit: 2497
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`Page 2
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`DETAILED ACTION
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`The present application is being examined underthe pre-AJAfirst to invent provisions.
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`Claim Rejections - 35 U.S.C.§112:
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`Applicants’ arguments with respect to 112 1° paragraph with rejection of claims 13-34
`
`have been fully considered and are persuasive. The rejection of 112 1“ paragraph of claims 13-
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`34 have been withdrawn in view of the amendmentto claim.
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`Claim Rejections - 35 U.S.C.§101:
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`Applicants’ arguments with respect to claims 13-23 have been fully considered and are
`
`persuasive. The rejection of 35 USC §101 regarding claims 13-23 have been withdrawn in view
`
`of the amendmentto claim.
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`EXAMINER’S AMENDMENT
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`An examiner’s amendmentto the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment maybefiled as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
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`paymentofthe issuefee.
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`Authorization for this examiner’s amendment wasgiven in a telephone interview with
`
`Attorney David Bowls on 04/11/2014.
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`The application has been amendedas follows:
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`13. (Currently amended) A computer implemented method comprising:
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