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)

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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 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 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: If the SMALL ENTITY is shown as NO: A. If the status is the same, pay the TOTAL FEE(S) DUE shown above. B. If the status above is to be removed, check box 5b on Part B Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and twice the amount of the ISSUE FEE shown above, or A. Pay TOTAL FEE(S) DUE shown above, or B. If applicant claimed SMALL ENTITY status before, or is now claiming SMALL ENTITY status, check box Sa on Part B - Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and 1/2 the ISSUE FEE shown above. II. PART B - FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with your SSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be completed and retumed. 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. 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 Date Typed or printed name Registration No. 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) an application. Confidentiali is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complctc, including gathering, preparmg, and submitting the completed ap scation 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, Alexandna, 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 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 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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