Nokia Corporation v. Apple Inc.

Filing 57

Disregard; see 61 . Modified on 12/20/2010 (jas).

'./

/
091939.313

Notice of Allowability
Nokia Corporation v. Apple Inc.

Examiner

I

Talvitie et el, Art Unit 2821

Jim Clinger

Doc. 57 Att. 2

--The MAILING DATE of this communication 8ppe8fS on the cover sheet with the correspondence addressAll 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 t o withdrawal from issue at the initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1306. 1. This communication is responsive t o the RC filedM8fCh 3 2003 , The allowed claim(s) Ware 3-9

2.

3. @ The drawings filed on

Aug 24, 2007

are accepted by the Examiner.

4. @ Acknowledgement is made of a claim for foreign priority under

a)
1.

All

b ) O Some*

do None

35 U.S.C.

§ 119(al-(d).

of the:

Certified copies of the priority documents have been received.

2. 0 Certified copies of the priority documents have been received in Application No.
.application f r o m the International Bureau (PCT Rule 17.2(a)). 'Certified copies not received:

3. 0 Copies of the certified copies of the priority documents have been received in this national stage

5. 0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. 5 119(e) ( t o a provisional application).
(a1 0 The translation of the foreign language provisional application has been received.

6 . 0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. 5 § 120 and/or 121.
Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication t o file a reply complying with the requirements noted below. Failure t o timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

7 . 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL PATENT APPLICATION (PTO-I 52) which gives reason(s) why the oath or declaration is deficient.

8 . 0 CORRECTED DRAWINGS must be submitted.
(a) 0 including changes required by the Notice of Draftsperson's Patent Drawing Review (PTO-948) attached (b)

0

1 ) 0 hereto

or

2) 0 t o Paper No.

.

including changes required by the proposed drawing correction filed approved by the examiner.

, which has been

( c ) fl including changes required by the attached Examiner's ArnendmentlComment or in the Office action of Paper No.

.

Identifying indicia such a5 the application number (see 37 CFR 1.84lcll should he written on the drawings in the top margin (not the back) of each sheet. The drawings should be filed as a separate paper wlth a transmlttal letter addressed to the Official Draftsperson.

9 . 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(s1 1 0 Notice of References Cited (PTO-892)
3

2
6
8

0 Notice of Draftsperson's Patent Drawing Review (PTO-948) 5 0 Information Oisclosure Statementh) (PTO-14491, Paper No(s). 7 0 Examiner's Comment Regarding Requirement for Deposit of Biological
Materiel

4 0 interview Summary (PTO-413). Paper No. Examiner's Amendment/Comment

0 Notlce of Informal Patent Application (PTO-1521
Examiner's Statement of Reasons for Allowance

-

9

0 Other

U. S Paten1 and Tradsrrark Offics .

PTO-37 (Rev. 04-01)

Notice of Allowability

Part of Paper No. 13

Dockets.Justia.com

ApplicatiodControl Number: 09/939,3 13 Art Unit: 2821

Page 2

DETAILED ACTION

Allowable Subject Matter

1,

Claims 3-9 are allowed. The following is an examiner'sstatement of reasons for allowance. The limitation which is primarily responsible for distinguishing the claims of this

2.

application over the prior art is the limitation concerning the circuit board not extending into the space shared by the speaker and the antenna. Proper motivation for combining references disclosing this limitation with the references which disclose the other limitations recited in the claims of this application could not be found in the prior art. 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."

Correspondence
3.

Any inquiry concerning this communication or earlier communications from the examiner

should be directed to Examiner Jim Clinger whose phone number is [phone]. Any inquiry of a general nature or relating to the status of this application should be directed to the Technology Center whose teIephone number is [phone].

ApplicatiodControl Number: 09/939,3 13
Art Unit: 2821

Page 3

Papers related to Technology Center 2800 applications only may be submitted to Technology Center 2800 by facsimile transmission. Any transmission not to be considered an official response must be clearly marked "DRAFT". The faxing of such papers must conform with the notice published in the Official Gazette, 1096 OG 30 (November 15, 1989). The Technology Center Fax Center number is [phone] or [phone].

UNITED STATES PATENT T~ADEMARKO F ~ G E AND

UNITED STATES DEPARTMENT OF COMMERCE Unlted Stars. Pateone m n d Trrdammrk ORloa
Ad&...

GOMMISSIONER OY PA-S W..hnsm.DC 20231
1 x 1 u.pmgw

AND

TRADEMARKB

NOTICE OF ALLOWANCE AND FEE(S) DUE
2$12

7590

0312~n003

425 POST ROAD FAIRFIELD, CT 06824

PERMAN & GREEN

I

EXAMINER

1

CLINGER,JAMES C

I
FILING DATE
08/24/2001

ART UMT
2821

CLASSSUBCLASS
343-702000

1

DATE MAILED: 03/25/2003 APPLICATION NO.
09/939,313

I

FIRST NAMED INVENTOR Olli Talvitic

IATTORNEY DOCKET NO. [
324-0 IOJ2 I-USPAR)

CONFlRMATlON NO.
2843

TITLE OF MVENTION: MOBILE STATION AND ANTENNA ARRANGEMENT M MOBILE STATION

If the SMALL ENTITY is shown as YES, verify your current SMALL ENTITY status: A. If the status is the same, pay the TOTAL FEE@) DUE shown above. B. If the status is changed, pay the PUBLICATION FEE (if required) and twice the amount of the ISSUE FEE shown above and notify the United States Patent and Trademark Office of the change in status, or

If the SMALL ENTITY is shown as NO:
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 the box below and enclose the PUBLICATION FEE and 1/2 the ISSUE FEE shown above. 0 Applicant claims SMALL ENTlTY status. See 37 CFR 1.27.

11. PART B - FEE@) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part 3 - Fee(s) Transmittal should be completed and returned. 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. 111. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Box ISSUE FEE unless advised to the contrary. IMPORTANT REMINDER: 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 4
PTOL-85 (REV. 04-02) Approved for use through 01/31/2004.

PART B FEE(S) TRANSMITTAL
Complete and send this form, together with applicable ree(s), to: Box ISSUE FEE Commissioner for Patents Washin on, D.C. 20231 & (703)74&000

-

TR T ' is o m s ou e use or transmitting e E FEE an C FE i require oc 1 oug 4 ou e comp ete w ere ~srop~~e.'%%~er :omspkdL$ includdifig the Patent, a d % n % & r s and :% tn: c f %e aC ' \ees wil: eaz :id oe cuhmn?cokt:bondenc: tg addrcs! as ingcated unless coFcted below or directed otherwise in Block I, by (a) specifying a new correspondence address; ankor @) indicating a separate &E ADDRESS" for maintenance fee notifications. P d G Lcplbly IMIk-Up Wlth My mnuhoRl or YIC Block 1) Note: A cemficate of mailing can only be used for domestic malings of the Fee(s) Transmittal. This certificate cannot be used for any other 2512 7590 03/25Ll003 accom nying papers. Each additional paper, such as an assignment or forma&wing, must have its own celtificate of mailing or transmission. PERMAN & GREEN

n%zk:

.

425

POST ROAD FAIRFIELD, CT 06824

Certificate olMdling or TransmLslon I hereb certify that this Fte(s) Transmittal is being deposited with h e United 8tatcs Postal Service with sufficient ostage for first class mail in an

I
I

envelope addressed to the Box Issuc Fee a r h e s s above, or being facsimile transmitted to the USPTO. on the date indicated b l o w .
(Dcpa&iWs nuns)
(S~pN~IYc)

LOW

APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 091939,313 08/24/2001 Olli Taalvitie TITLE OF INVENTION: MOBILE STATION AND ANTENNA ARRANGEMENT IN MOBILE STATION

ATTORNEY DOCKET NO. 324-0 IO52 I -USPAR)

1

CONFIRMATION NO. 2843

I

AF'PLN. TYPE nonprovisional

SMALL ENTITY
NO

I

ISSUE FEE $1300

PUBLICATION FEE $300 CLASS-SUBCLASS 343-702000

TOTAL FEE(S) DUE $1600

DATE DUE 06/25/2003

I

I

EXAMINER
CLINGER, JAMES C

I

mr UNIT
2821

I . Chan e of correspondence address or indication of "Fee Address" (37 CFR 1.863).

0 Change of cones ondence address (or Change of Correspondence Address form PTOAB1122) attached. 0 "Fee Address" indication (or "Fee Address" Indication form PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer Number i s required.

2. For printing on the patent front page, list (I) ths names of up to 3 registered patent attorneys Or OR. (2) Of a single firm (having as a member a registered attorney or agent) and the nmes of up to 2 registered patent will be printed. i listed, no name s Or aFnts. If no name

I
3

3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) PLEASE NOTE: Unless an assi ee is identified below no assignee data will appear on the patent. Inclusion of assignee data is on1 appropriate when an assignment has been previously submitted to the%SPTO or is being s u b t h e d under separate cover. Completion of this form is NOT a substitute for fifing an assignment. (A) NAME OF ASSIGNEE (8)RESIDENCE: (CITY and STATE OR COUNTRY)

Please check the appropriate assignee category or categories (will not be printed on the patent)
4a The following fee(s) are enclosed:

0 individual 0 corporation or other private p o u p entity 0 government

0 Issue Fee 0 Publication Fee

0 Advance Order

- # of Copies
IO

4b. Payment of Fee@): 0 A check in the amount of the fee($ is enclosed. 0 Payment by credit card. Form PTO-2038 is attached. 0 The,Commissioner is hereby authorized by cha e the required fee(s or credit any overpaymen\ to Deposit Account Number (enzose an extra copy o h i s form). apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above. Pate)

Commissioner for Patents is requested (Authorized S ignature)

1

kOTE; The Issue Fee and Publication Fee if required will not be accepted from anyone other than the ap licant; a registered attorn: or a e! or the assignee or other party in n, interest as shown gy the records of the United &tes fatent and Trademark Office. T is co ection o in omation is re uire y F e in ormation is requir to oitain retain afbe!& by the pu%lic % c ~ ~ s ? o b ~ thCfUSPT0 to p r o c m ~ y apphcation. Confidentiality ISgoverned by 35 U.S.C. 122 and 37CFR 1.14. This collection is estimated to take 12 rninutcs to corn lete including gathering preparing and submitting the comDleted aDDlication form to the 6SF'fO. Time will varv hcocndinr ;lion the individual

$

,

.

:::dp

Under the Papenvork Reduction Act of 1995 no mons are required to respond to a collection of information unless it displays a valib O & control number. TRANSMIT THIS FORM WITH FEE(S) PTOL-85 (REV. 04-02) Approved for use through 01/3 1/2004. OMB 0651-0033 U.S. Patent and Trademark O f c ;U S . DEPARTMENT OF COMMERCE fie

U N ~ STATES D PATENT WEMARK AND OFFICE

Unltod 8uso. PrtDns r m d Trad-rk
A d d m u COMMIS6lONER
w y w U.pW g w

UNITED STATE3 DEPARTMENT OF COMMERCE
W ~ S N

OmOF PATENTS AND `IRLSE?AARKE D~c . masi

APPLICATION NO.

FlLINO DATE 08/24/2001
7S90

I

FIRST NAMEDINVENTOR

] ATTONEY DOCKET NO.
324-0 1052 I-US(PAR)

COMIRMATlON NO.
2843

09/939,313
2s12

Olli Talvirie

03UMM)3

1

EXAMlNR

I
PAPER NUMBER

PERMAN & GREEN
425

CLINGER, JAMES C

POST ROAD FAIRFIELD, CT 06824

I

ART UNIT
282 I

1

I

DATE MAILED 03/2512003

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 0 days. 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 term adjustment will be 0 days.

If a continued prosecution application (CPA) was filed in the above-identified application, the filing date that determines patent term adjustment is 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) system. (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 [phone].

Page 3 of 4
PTOL-IS (REV. 04-02) Approved for use through 01/31/2004.

UNITED STATES PATENT ANTI W E M A R K OFFICE

U m l t s d Saats. Pmtsnt m d Tr-dprmrk Addmm COMMlB8lONER OF PATENTB AND TRNJEhtARlL9

UNITED STATE9 DEPARTMENT O F COMMERCE

Om-

Wwhm-

w w w u p u ) #w

DC

20131

APPL[CATION NO. 09/939,3 I3 2512
7590

FILING DATE 08/24/2001 03/25R003

I

FlRST NAMED RJVENTOR 0 1 Talvitte 11

IATTORNEY DOCKET NO. I

CONFIRMATlON NO. 2843

I
1

324-010521-US(l'AR) EXAMINER

PERMAN & GREEN 425 POST ROAD FAIRFIELD,CT 06824 UNITED STATES

CLINGER, JAMES C
ART UNIT
2821

1
1

I

PAPER NUMBER

DATEMAILED 03/25/2003

Notice of Fee Increase on January 1,2003
If a reply to a "Notice of Allowance and Fee(s) Due" is filed in the Office on or after January 1, 2003, then the amount due will be higher than that set forth in the "Notice of Allowance and Fee(s) Due" since there will be an increase 2M1;Final Rule, 67 Fed. in fees effective on January 1,2003. &g Revision d p a t e n t d Reg. 70847,70849 (November 27,2002).

hm

The current fee schedule is accessible from: http://www.uspto.pov/main/ho wtofees. htm. If the issue fee paid is the amount shown on the "Notice of Allowance and Fee(s) Due," but not the correct amount in view of the fee increase, a "Notice to Pay Balance of Issue Fee" will be mailed to applicant. In order to avoid processing delays associated with mailing of a "Notice to Pay Balance of Issue Fee," if the response to the Notice of Allowance and Fee(s) due form is to be filed on or after January 1, 2003 (or mailed with a certificate of mailing on or after January 1, 2003), the issue fee paid should be the fee that is required at the time the fee is paid. If the issue fee was previously paid, and the response to the "Notice of Allowance and Fee(s) Due" includes a request to apply a previously-paid issue fee to the issue fee now due, then the difference between the issue fee amount at the time the response is filed and the previously paid issue fee should be paid. @ Manual of Patent Examining Procedure, Section 1308.01 (Eighth Edition, August 2001). Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at [phone].

Page 4 of 4

PTOL-85

(REV.04-02)

Approved for use through 01/31/2004.