Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 62

Joint Claim Construction and Prehearing Statement by Skyhook Wireless, 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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49)(Lu, Samuel)

EXHIBIT 24

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MAR 1 3 2008

2008 MAR I I PM 2: " ,

OFFICE OF PETITIONS
Docket No.: 2000319.00125USI
(PATENT)

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant:

Alizadeh-Shabdiz, et al.

Confirmation No.:

8990

Application No.:

11/261,988

Art Unit:

2617

Filed:

October 28, 2005

Examiner:

Le, Danh C.

Title:

Location-Based Services That Choose Location Algorithms Based on
Number of Detected Access Points Within Range of User Device

Commissioner for Patents
P,O. Box 1450
Alexandria, VA 22313-1450

NOTIFICATION OF LOSS OF ENTITLEMENT TO SMALL ENTITY
STATUS UNDER 37 CFR 1.28
Dear Sir:
Assignee, Skyhook Wireless, Inc" hereby notifies the Patent and Trademark Office that the
claim for small entity status filed by the Applicants is hereby withdrawn.
Assignee established status as a small entity in good faith, and Assignee has paid fees to date
in good faith as a small entity for this application. However, assignee has recently discovered that
its status as a small entity was lost prior to payment of the issue fee on October 18, 2007, and,
through error, the Office was not notified of a loss of entitlement to small entity status.
The itemization of the deficiency payment as required by 37 CFR 1.28(c)(2) is set forth
below.

03/1212008 DAI.LEJI

01 fC:I461

00000OO2 080219

11261988

720.00 DA
USlOOCS 6578067vl

GSHFED_0000075

Application No.
11/261,988
Examiner

Notice of A 110 wability

Applicant(s)
ALiZADEH-SHABDIZ ET AL.
Art Unit

DANH C. lE

·2617

-- The MAILING DA TE of this 'communication appears on the cover sheet with the correspondence address-Ali 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 10/28/2005.
2. ~ The allowed claim(s) is/are 1-10.

0

3.

Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (t).
a)

0

All

0
0
3. 0

b)

0

Some*

c)

0

None

of the:

1.

Certified copies of the priority documents have been received.

2.

Certified copies of the priority documents have been received in Application No. _ _ .
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: _ _.
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.
.

4.0 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.

5.

0

CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.

(a)

0

including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
1)

(b)

0

0

hereto or 2)

0

to Paper No.lMail Date _ _.

including changes required by the attached Examiner's Amendment I Comment or in the Office action of
Paper No.lMail 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).

6.0 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)

a

2.

0

0
6. 0

5.

Notice of Draftperson's Patent Drawing Review (PTO-948)

3. Q Information Disclosure Statements (PTO/SB/08),
Paper No.lMail Date _ _
4. 0 Examiner's Comment Regarding Requirement for Deposit
of Biological Material

Notice of Informal Patent Application

Interview Summary (PTO-413),
Paper No.lMail Date _._ .
7. ~ Examiner's AmendmenUComment

8. ~ Examiner's Statement of Reasons for Allowance
9.

0

Other _ _.

U.S. Patent and Trademark Office

PTOL-37 (Rev. 08-06)

Notice of Allowability

Part of Paper No.lMail Date 20070912

GSHFED_0000087

Application/Control Number: 11/261,988

Page 2

Art Unit: 2617
EXAMINER'S AMENDMENT
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.
Authorization for this examiner's amendment was given in a telephone interview
with Mr. Dichiara on 9/11/07.
Amendment on the specification:
On paragraph 2, line 1, page 1 of the specification, after "applications", change
"(Nos. TSA)" to "(11/261848; 11/261988; 11/261987)".
Amendment on the abstract::
On line 13, after "database.", deleted from "A user-device and all lines" until the
end of the page.

GSHFED_0000088

Application/Control Number: 11/261,988

Page 3

Art Unit: 2617
Allowable Subject Matter
The following is an examiner's statement of reasons for allowance:
As to claim 1, Masuoka et al (US 2005/0136845) teaches method and apparatus .
for location determination using mini-beacons. Krumm et al (US 2004/0263388)
teaches system and method for determining the location dynamics of a portable
computing device. Meunier et al (US 7,042,391) teaches mobile device and method for
determining location of mobile device. Patil et al (US 2006/0061476) teaches method
and system for autonomous correlation of sensed environmental attributes with entities.
Sheynblat et al (US 2006/0009235) teaches method and apparatus for determining
... wireless mobile network. Vesuna (US 2006/0002326) teaches reconfigureable arrays
of wireless access points. Reeves (US 2005/0251326) teaches web service for mobile
device tracking. The teaching of above prior arts either alone or in combine fails to
teach further comprising based on the number of Wi-Fi access points identified via
received messages, choosing a corresponding location-determination algorithm from a
plurality of location-determination algorithms, said chosen algorithm being suited for the
number of identified Wi-Fi access points;
Dependent claims 2-10 are allowed for the same reason.
Any comments considered necessary by applicant must be submitted no later than the
payment of the issue fee and, to avoid processing delays, should preferably accompany
the issue fee. Such submissions should be clearly labeled "Comments on Statement of
Reasons for Allowance."

GSHFED_0000089

Application/Control Number: 11/261,988

Page 4

Art Unit: 2617
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to DANH C. LE whose telephon'e number is 571-272-7868.
The examiner can normally be reached on 8:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, WILLIAM TROST can be reached on 571-272-7872. The fax phone number
for the organization where this application or proceeding is assigned is 571-273-8300.
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). If you would like assistance from a
USPTO Customer Service Representative or access to the automated information
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

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Septf(l'Al~W 1~E 2007

PRIMARY EXAMINER

GSHFED_0000090