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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and ‘Trademark Office
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`Address: COMMISSIONER FOR PATENTS
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`P.O. Box 1450
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`Alexandria, Virginia 22313-1450
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`www.uspto.gov
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`CONFIRMATION NO.
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`APPLICATION NO.
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`14/667,642
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`FILING DATE
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`03/24/2015
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`FIRST NAMED INVENTOR
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`Robert Paul Morris
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`ATTORNEY DOCKET NO.
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`PMORO0162B
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`1029
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`‘The Caldwell Firm, LLC
`PO Box 59655
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`Dept. SVIPGP
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`Dallas, TX 75229
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`STOYNOV, STEFAN
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`AR'T UNIT
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`2116
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`DELIVERY MODE
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`NOTIFICATION DATE
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`04/10/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time periodfor reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
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`following e-mail address(es):
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`pcaldwell @ thecaldwellfirm.com
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`eofficeaction @appcoll.com
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`PTOL-90A(Rev. 04/07)
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`Page 1 of 197
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`GOOGLEEXHIBIT 1043
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`Page 1 of 197
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`GOOGLE EXHIBIT 1043
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`Application No.
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`Applicant(s)
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`Notice of Abandonment
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`14/667 ,642
`Examiner
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`MORRIS, ROBERT PAUL
`Art Unit
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`STEFAN STOYNOV
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`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
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`2116
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`This application is abandonedin view of:
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`1. J Applicant’s failure to timelyfile a properreply to the Office letter mailed on 04 April 2017.
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`), which is after the expiration of the
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`period for reply (including a total extension of time of
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`, but it does not constitute a proper reply under 37 CFR 1.113 to the final rejection.
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`(A properreply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
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`application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) if this is utility or plant
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`application, a timely filed Request for Continued Examination (RCE) in compliance with 37 CFR 1.114. Note that RCEs are not
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`permitted in design applications.)
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`(c) DA reply was received on
`but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non-final
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`rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below).
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`(d) XJ No reply has been received.
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`2. Applicant’s failure to timely pay the required issue fee and publication fee,if applicable, within the statutory period of three months
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`from the mailing date of the Notice of Allowance (PTOL-85).
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`), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
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`Allowance (PTOL-85).
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`is due.
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`(b) [J The submitted fee of $
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`The issue fee required by 37 CFR 1.18 is $
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`(c) DJ The issue fee and publication fee, if applicable, has not been received.
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`Primary Examiner, Art Unit 2116 Petitions to revive under 37 CFR 1.137, or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptly filed to minimize
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`3.C0 Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
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`Allowability (PTO-37).
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`(a) DJ Proposed corrected drawings were received on
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`the expiration of the period for reply.
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`(b) [J No corrected drawings have been received.
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`(with a Certificate of Mailing or Transmission dated
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`), whichis after
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`4. [1] The letter of express abandonmentwhich is signed by the attorney or agent of record or other party authorized under 37 CFR
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`1.33(b). See 37 CFR 1.138(b).
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`5. ] The letter of express abandonmentwhichis signed by an attorney or agent(acting in a representative capacity under 37 CFR
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`1.34) upon the filing of a continuing application.
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`6. L] The decision by the Board of Patent Appeals and Interference rendered on
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`of the decision has expired and there are no allowed claims.
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`and because the period for seeking court review
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`7. &] The reason(s) below:
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`The applicant has notfiled an Appeal Brief more than seven monthsafter filing Notice of Appeal on 08/31/2017.
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`/STEFAN STOYNOV/
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`Notice of Abandonment
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`Part of Paper No. 20180404
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`ative effects on patent term.
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`U.S. Patent and Trademark Office
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`PTOL-1432 (Rev. 07-14)
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`Page 2 of 197
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`Electronic Patent Application Fee Transmittal
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`Application Number:
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`Filing Date:
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`14667642
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`24-Mar-2015
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`Title of Invention:
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`METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTSFOR SELECTING
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`A RESOURCE BASED ON A MEASUREOF A PROCESSING COST
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`Filing Fees for Utility under 35 USC 111(a)
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`Paymentinformation:
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`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
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`Page 5 of 197
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`Electronic AcknowledgementReceipt
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`Application Number:
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`14667642
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`International Application Number:
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`1029
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`Title of Invention:
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`METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTSFOR SELECTING
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`A RESOURCE BASED ON A MEASUREOFA PROCESSING COST
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`This Acknowledgement Receipt evidencesreceipt on the noted date by the USPTOof the indicated documents,
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`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
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`If a new applicationis being filed and the application includes the necessary componentsfora filing date (see 37 CFR
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`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown onthis
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`Acknowledgement Receiptwill establish the filing date of the application.
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`national stage submission under35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`Approved for use through 07/31/2016. OM8 0651-6031
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collectionof information unless it displays a valid OMB eontral number.
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`Examiner
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`STOYNOV, STE FAN
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`NOTICE OF APPEAL FROM THE EXAMINER TO
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`transmitted to the USPTO, EFS-Web transmitted to the USPTO, or
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`postage in an envelope addressed to "Commissionerfor Patents, P.G.
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`Box 1450, Alexandria, on Alexandria, VA 22313-1450" [37 CFR 1.8(a}j
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`on 8/3/2017
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`iPatrick Caldwell/
`Signature
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`Applicant hereby appeals to the Patent Trial and Appea
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` This collection of information is required by 37 CFR 41.20(b)(1) and 41.31. The information is required to obtain or retain a benefit by the public which is to file (and
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`Signature Patrick Caldwell/
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`(Cs
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`forms if more than one signature is required, see below’.
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`forms are
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`Applicant asserts small entity status. See 37 CFR 1.27. Therefore, the fee shown above is reduced
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`by 50%, and the resulting feeis:
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`Payment made via EFS-Web.
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`Forextensions of tine in reexamination proceedings, see 37
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`tam the
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`attorney or agent acting under 37 CFR 1.34
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`by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11, 1.14 and 41.6. This collection is estimated to take 12 minutes
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`to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
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`comments on the amountof time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
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`U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMSTO THIS
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`ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`ifyou need assistance in completing the farm, call 1-800-PTO-9199 and select aptian 2.
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`Payrnent by credit card. Form PTO-2038is attached.
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`The Director is hereby authorized to charge any fees which may be required, or credit any overpayment
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`Privacy Act Statement
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`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
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`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
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`35 U.S... 2{b\2), (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
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`the information is used by the U_S. Patent and Trademark Office is fo process and/or examine your submission
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`related to a patent application or patent.
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`Trademark Office may not be able to process and/or examine your submission, which may result in termination
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`of proceedings or abandonment of the application or expiration of the patent.
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`The information provided by you in this form will be subject fo the following routine uses:
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`Tne information on this form will be treated confidentially to the extent allowed under the Freedom of
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`information Act (5 U.S.C. 552) and ihe Privacy Act (6 U.S.C 552a). Records from this system of
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`records may be disclosed to the Department of Justice fo determine whether disclosure of these
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`records is required oy the Freeciam of information Act.
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`avidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
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`to a Member of Congress
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`submitting a request involving an individual,
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`requested assistance from the Member with respect to the subject matter of the record.
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`having need for the Information in order to perform a contract. Recipients of information shall be
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`required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to § U.S.0.
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`552a(m).
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`A record related to an international Application filed under the Patent Cooperation Treaty in this
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`system of records may be disclosed, as a routine use,
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`intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
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`purposes of National Security review (35 U.S.C. 181} and for review pursuant to the Atornic Energy Act
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`(42 U.S.C. 248(c)}.
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`A record from this system of records may be disclosed, as a routine use, to the Administrator, General
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`Services, or his/ner cesignee, during an inspection of records conducted by GSA as part of that
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`agency's responsibility to recommend improvernenis in records managementpractices and programs,
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`under authorily of 44 U.5.0. 2904 and 2906. Such disclosure shall ba made in accordance with the
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`GSA regulations governing inspection of records for this purpose, and any other relevant (1e., GSA or
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`Commerce) directive. Such disclosure snail noi be used to make determinations about individuals.
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`A record from this system of records may be disclosed, as a routine use,
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`publication of the application pursuant to 35 U.S.C. 422(b) or issuance of a patent pursuant to 35
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`U.S.C. 751. Further, a record may be disclosed, subject to the limHations of 37 CFR 1.14, as a routine
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`use, fo the public if the record was filed in an application which became abandoned or in which the
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`proceedings were terminated and which application is referenced by either a published application, an
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`application open to public inspection or an issued patent.
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`A record from this system of records may be disclased, as a routine use, to a Federal, State, or local
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`law enforcernent agency,
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`reguiation.
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`Page 8 of 197
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`Electronic Patent Application Fee Transmittal
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`Application Number:
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`Filing Date:
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`14667642
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`24-Mar-2015
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`Title of Invention:
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`METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTSFOR SELECTING
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`A RESOURCE BASED ON A MEASUREOF A PROCESSING COST
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`First Named Inventor/Applicant Name:
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`Robert Paul Morris
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`Patrick Edgar Caldwell
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`Attorney Docket Number:
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`PMOR0162B
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`Filed as Small Entity
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`Filing Fees for Utility under 35 USC 111(a)
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`Miscellaneous-Filing:
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`Patent-Appeals-and-Interference:
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`400
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`Page 9 of 197
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`Extension - 2 months with $0 paid
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`Page 10 of 197
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`Paymentinformation:
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`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
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`[emote
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`Page 11 of 197
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`Electronic AcknowledgementReceipt
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`Application Number:
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`14667642
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`International Application Number:
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`Confirmation Number:
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`1029
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`Title of Invention:
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`METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTSFOR SELECTING
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`A RESOURCE BASED ON A MEASUREOFA PROCESSING COST
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`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown onthis
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`Acknowledgement Receiptwill establish the filing date of the application.
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
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`national security, and the date shown on this Acknowledgement Receiptwill establish the international filing date of
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`Notice of Appeal Filed
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`PMOR0162B_Notice_of_Appeal
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`-vF_3] “Aug-201 7pdf
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`Information:
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`This Acknowledgement Receipt evidencesreceipt on the noted date by the USPTOof the indicated documents,
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`characterized by the applicant, and including page counts, where applicable.It serves as evidence of receipt similar to a
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`Page 12 of 197
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`COMMISSIONER FOR PATENTS
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`Courtesy Reminderfor
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`Application Serial No: 14/667,642
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`Attorney Docket No: PMOR0162B
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`Customer Number: 92045
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`Date of Electronic Notification: 04/04/2017
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`This is a courtesy reminder that new correspondenceis available for this
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`correspondence. The official date of notification of the outgoing
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`correspondencewill be indicated on the form PTOL-90 accompanying the
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`correspondence.
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`An email notification regarding the correspondence wassentto the following
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`email address(es) associated with your customer number:
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`Page 13 of 197
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and ‘Trademark Office
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`Address: COMMISSIONER FOR PATENTS
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`P.O. Box 1450
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`Alexandria, Virginia 22313-1450
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`www.uspto.gov
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` APPLICATION NO.
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`14/667,642
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`FILING DATE
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`03/24/2015
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`FIRST NAMED INVENTOR
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`Robert Paul Morris
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`ATTORNEY DOCKET NO.
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`PMORO0162B
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`CONFIRMATION NO.
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`1029
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`‘The Caldwell Firm, LLC
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`STOYNOV, STEFAN
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`AR'T UNIT
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`2116
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`DELIVERY MODE
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`ELECTRONIC
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`NOTIFICATION DATE
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`04/04/2017
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time periodfor reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
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`following e-mail address(es):
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`eofficeaction @appcoll.com
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`PTOL-90A(Rev. 04/07)
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`Applicant(s)
`Application No.
` 14/667 ,642 MORRIS, ROBERT PAUL
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`AIA (FirstInventorto File)
`Examiner
`Art Unit
`Office Action Summary
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`2116STEFAN STOYNOV Ne
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`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
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`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
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`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
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`after SIX (6) MONTHS from the mailing date of this communication.
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`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended periodforreply will, by statute, cause the applicatian to become ABANDONED (35 U.S.C. § 133).
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`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
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`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1) Responsive to communication(s) filed on 02/28/2017.
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`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)X] This action is FINAL.
`2b)] This action is non-final.
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`Anelection was made bythe applicant in responseto a restriction requirementsetforth during the interview on
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`___3 the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)K] Claim(s) 20-36 is/are pending in the application.
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`5a) Of the above claim(s)
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`6)L] Claim(s)__ is/are allowed.
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`7)] Claim(s) 20-36 is/are rejected.
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`8)L] Claim(s)__ is/are objectedto.
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`9) Claim(s)
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`* If any claims have been determined allowable, you may beeligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`www. usoto.gov/ipatents/init events/
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`vindex.ise or send an inquiry to PPHieedback@uspte.dqov.
`hito//
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`Application Papers
`10)K] The specification is objected to by the Examiner.
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`11)Kx] The drawing(s) filed on 03/24/2015is/are: a)X] accepted or b)] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`Certified copies:
`aL All bj] Some** c)] None of the:
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`1.2] Certified copies of the priority documents have been received.
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`2.L] Certified copies of the priority documents have been received in Application No.
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`3.0] Copies of the certified copies of the priority documents have been receivedin this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action foralist of the certified copies not received.
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`Attachment(s)
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`1) CL] Notice of References Cited (PTO-892)
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`2) Cc] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mail Date
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`U.S. Patent and Trademark Office
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`PTOL-326 (Rev. 11-13)
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`3) CT Interview Summary (PTO-413)
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`Paper No(s)/Mail Date.
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`4 Ol Other:
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`Office Action Summary
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`Part of Paper No./Mail Date 20170329
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`Application/Control Number: 14/667,642
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`Art Unit: 2116
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`Page 2
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`The present application is being examined underthe pre-AlA first to invent
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`provisions.
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`Specification
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`The disclosure is objected to because of the following informalities:
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`Amended paragraphs 0001-0003in the specification failed to iden