Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
476
DECLARATION of Erik J. Olson in Opposition to Samsung's Motion to Compel Apple to Produce Documents and Things filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Jacobs, Michael) (Filed on 12/9/2011)
Exhibit 7
Application No.
29/201,636
Examiner
ANDRE ET AL.
Art Unit
Freda S. Nunn .
Notice of Allowability
Applicant(s)
2911
- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
1.
This communication is responsive to
2.
The allowed claim(s) is/are 1.
3.
The drawings filed on
4.
Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a) O All
b) O Some* c) O None of the:
1. O Certified copies of the priority documents have been received.
2. O Certified copies of the priority documents have been received in Application No.
3. O Copies of the certified copies of the priority documents have been received in this national stage application from the
International Bureau (PCT Rule 17.2(a)).
* Certified copies not received:
are accepted by the Examiner.
Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
noted below. Failure to timely comply will result in ABANDONMENT of this application.
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
5.
6.
A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
(a) O including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
1) O hereto or 2) O to Paper No./Mail Date
(b)
including changes required by the attached Examiner's Amendment / Comment or in the Office action of
Paper No./Mail Date
Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
7. O DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
Attachment(s)
1.
Notice of References Cited (PTO-892)
2.
Notice of Draftperson's Patent Drawing Review (PTO-948)
5.
6.
3.
7.
Notice of Informal Patent Application (PTO-152)
Interview Summary (PTO-413),
Paper No./Mail Date
Examiner's Amendment/Comment
8.
9.
Examiner's Statement of Reasons for Allowance
Other sketches attached.
4.
Information Disclosure Statements (PTO-1449 or PTO/SB/08),
Paper No./Mail Date O
Examiner's Comment Regarding Requirement for Deposit
of Biological Material
U.S. Patent and Trademark Office
PTOL-37 (Rev. 1-04)
Notice of Allowability
Part of Paper No./Mail Date O
APLNDC00030883
Application/Control Number: 29/201,636
Page 2
Art Unit: 2911
An examiner's amendment to the record appears below. Should the changes and/or
additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
payment of the issue fee.
Because the drawing is it's own best description, the description of FIG. 1 is deemed
superfluous and has therefore been canceled. Also, for a definite disclosure and proper
numbering, the figure descriptions have been (37 CER 1,153) amended to read:
FIG. 1 is a top perspective view of an electronic device in accordance with the present
design;
FIG. 2 is a bottom perspective view thereof;
FIG. 3 is a top view thereof;
FIG. 4 is a bottom view thereof;
FIG.
FIG.
FIG.
FIG.
5
6
7
8
is a left side view thereof;
is a right side view thereof;
is an upper side view thereof;
is a lower side view thereof;
FIG. 9 is an exemplary diagram of the use of the electronic device thereof the broken
lines being shown for illustrative purposes only and form no part of the claimed design.
Furthermore, the inclusion of the statement regarding the appendix is not proper for the
specification of a Design Patent application. Therefore, said statement has been cancelled, 37
CFR 1.153.
The drawing disclosure is objectionable because FIGS. 1A-8 have not been properly
numbered and, the human figure has not been reduced to broken lines. Therefore, to overcome
the objection, the figures currently numbered as FIGS. 1A-8 must be renumbered as FIGS. 1-9.
Also, because the human figure is only being shown for illustrative purposes, said figure must
be reduced to broken lines. Note the attached sketches. Correction is required, 37 CFR 1.84.
When preparing new drawings in compliance with the requirement therefor, care must
be exercised to avoid introduction of anything which could be construed to be new matter
prohibited by 35 U.S.C. 132 and 37 CFR 1.121.
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Freda S. Nunn, whose telephone number is (571) 272-2607. The
examiner can normally be reached on Monday - Thursday, and alternate Fridays from 7:00 am
to 4:00 pm
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Alan Douglas, can be reached at (571) 272-2588. The FAX phone number for this
group is (703)-872-9306.
APLNDC00030884
Application/Control Number: 29/201,636
Page 3
Art Unit: 2911
Information regarding the status of an application may be obtained from the Patent
Application Information Retrieval (PAIR) system. Status information for published applications
may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
applications is available through Private PAIR only. For more information about the PAIR
system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private
PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Freda Selma Nunn
Primary Examiner
Art Unit 2911
APLNDC00030885
UNITED STATEs PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT ÖF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.usplo.gov
NOTICE OF ALLOWANCE AND FEE(S) DUE
022434
7590
EXAMINER
11/17/2004
I
I
BEYER WEAVER & THOMAS LLP
NUNN, FREDA S
P.O. BOX 778
ART UNIT
BERKELEY, CA 94704-0778
I
/
PAPER NUMBER
L
I
2911
DATE MAILED: 11/17/2004
APPLICATION NO.
FILING DATE
FIRSTNAMEDINVENTOR
ATTORNEY i, tory NO.
CONF1RMATION NO.
29/201,636
03/17/2004
Bartley K. Andre
APL1D297
6966
TITLE OF INVENTION: ELECTRONIC DEVICE
APPLN. TYPE
SMALL ENTITY
ISSUE FEE
nonprovisional
NO
$490
/
PUBLICATION FEE
TOTAL FEE(S) DUE
$0
$490
/
DATE DUE
02/17/2005
THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
E'KIl'%FA .il : st rim gg MERITS B......a.s... THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
STATUTORY PERIOD CANNOT _BE ra a r imarr.u. SEE 35 U.S.C. 151 THE ISSUE FEE DUE INDICATED ABOVE
REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
BE REGARDED AS ABANDONED.
HOW TO REPLY TO THIS NOTICE:
I. Review the SMALL ENTITY status shown above.
If the SMALL ENTITY is shown as YES, verify your current
SMALL ENTITY status:
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above.
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your SSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
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completed and an extra copy of the form should be submitted.
IIL All communications regarding this application must give the application number. Please direct all communications prior to issuance to
Mail Stop ISSUE FEE unless advised to the contrary.
IMPORTANT R--·ER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
Page 1 of 3
PTOL-85 (Rev. l 1/04) Approved for use through 04/30/2007.
APLNDC00030886
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
(703) 746-4000
or ILag
INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks i through 3 should bc completed where
appropriate. All further conespondence 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: Usc Bloch i for any changc ofaddress)
022434
7590
Note: A certificate of mailing can only be used for domestic mailings of the
Foc(s) Transmittal. This certificate cannot be used for any other accompanying
papers. Each additional paper, such as an assignment or formal drawing, must
have its own certificate of mailing or transmission.
11/17/2004
BEYER WEAVER & THOMAS LLP
Certificate of Mailing or Transmission I hereby certify that this Fec()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 St IssuE FEE address above, or beine facsimile
transmitted to the USPTO 03) 746-4000, on the date indicated befow.
P.O. BOX 778
BERKELEY, CA 94704-0778
(Depositofs name)
(Signature)
(Date)
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO.
CONFIRMATION NO.
29/201,636
03/17/2004
Barticy K. Andre
APLlD297
6966
/
TITLE OF INVENTION: ELECTRONIC DEVICE
APPLN. TYPE
SMALL ENTITY
ISSUE FEE
nonprovisional
NO
$490
EXAMINER
ART UNIT
NUNN, FREDA S
/
TOTAL FEE(S) DUE
DATE DUE
50
$490
02/17/2005
2911
1. Change of correspondence address or indication of "Fec Address" (37
CFR 1 363).
Change of correspondencc address (or Change of Correspondence
Address form PTO/SB/122) attached.
O "Fec Address" indication (or "Fec Address" Indication form
PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
Number is required.
/
PUBLICATION FEE
/
CLASS-SUBCLASS
014-341000
2. For printing on the patent front page, list
(1) the names of up to 3 registered patent attorneys
or agents OR, alternatively,
(2) the name of a single firm (ha
1
as a member a
2
registered attorney or agent) and thne names of up to .
2 registered patent attorneys or agents. If no name is
;
listed, no name will be prmted.
3. ASSIGNEE NA.ME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
PLEASE NOTE: Unless an assignee is identified below, no assignec data will appear on the patent. If an assignee is identified below, the document has been filed for
recordation as set forth in 37 CFK 3.11. Completion of this form is NOT a substitute for filing an assignment.
(A) NAME OF ASSIGNEE
(B) RESlDENCE: (CITY and STATE OR COUNTRY)
Please check the appropriate assignce category or categories (will not be printed on the patent) :
4a. The following fee(s) are enclosed:
O Issue Fee
O Publication Fec (No small entity discount permitted)
Advance Order - # of Copics
5. Change in Entity Status (from status indicated above)
a. Apphcant claims SMALL ENTITY status. Sec 37 CFR I,27.
Ü Individual O Corporation or other private group entity
Government
4b. Payment of Fec(s):
O A check in the amount of the fec(s) is enclosed.
Ü Payment by credit card. Form PTO-2038 is attached.
Ü The Director is hereby authorized by charge the required fec(s), or credit any ovemayment, to
Deposit Account Number
(enclose an extra copy of this form).
b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
The Director of the USPTO is requested to pply the Issue Fec and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
NOTE: The Issue Fee and Publication Fee f required) will not be accepted from anyone other than the apphcant; a registered attomey or agent; or the assignee or other party in
interest as shown by the records of the Uni d States Patent and Trademark Office.
Authorized Signature
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This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
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Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTOL-85 (Rev. 11/04) Approved for use through 04/30/2007.
OMB 0651-0033
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
APLNDC00030887
UNITED STATES PATENT AND TRADEMARK OFFICE
UINIIEUNIAIEN DEf"AKIMENTOF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www usplo.gov
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
29/201,636
03/17/2004
Barticy K. Andre
022434
7590
¡ ATTORNEY DOCKET NO.
CONFlRMATION NO.
APLID297
/
6966
!!/17/2004
EXAMINER
BEYER WEAVER & THOMAS LLP
NUNN,FREDA S
P.O. BOX 778
BERKELEY, CA 94704-0778
ART UNIT
PAPER NUMBER
2911
DATE MAILED: 11/17/2004
Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
Design patents have a term measured from the issue date of the patent and the term remains the same length
regardless of the time that the application for the design patent was pending. Since the above-identified application is
an application for a design patent, the patent is not eligible for Patent Term Extension or Adjustment under 35 U.S.C.
154(b).
Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
Patent Legal Administration at (703) 305-1383. Questions relating to issue and publication fee payments should be
directed to the Customer Service Center of the Office of Patent Publication at (703) 305-8283.
Page 3 of 3
PTOL-85 (Rev. 11/04) Approved for use through 04/30/2007.
APLNDC00030888
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