`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`OSHALIANG L.L.P.
`TWO HOUSTON CENTER
`909 FANNIN,SUITE 3500
`HOUSTON, TX 77010
`
`SIKDER, SELINA
`
`DD
`DATE MAILED:03/26/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`29/310,135
`TITLE OF INVENTION: SWITCH
`
`07/28/2008
`
`Tohru Nishiyama
`
`03115/129001
`
`7928
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`NO
`
`$860
`
`$0
`
`$0
`
`$860
`
`06/26/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS 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 EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
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`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the SMALL ENTITYstatus shown above.
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`If the SMALL ENTITYis shown as YES, verify your current
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`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
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`and twice the amount of the ISSUE FEE shown above,or
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`claiming SMALL ENTITYstatus, check box 5a 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,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATIONFEE (if required). 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. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
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`IH. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advisedto the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 1 of 3
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and sendthis form, together with applicablefee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1
`Alecandvia Virginia 22313-1450
`
`or Fax (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`ppropriate. All further correspondence 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: Use Block 1 for any changeof address)
`
`03/26/2009
`
`22511
`7590
`OSHA LIANG L.L.P.
`TWO HOUSTON CENTER
`909 FANNIN, SUITE 3500
`HOUSTON, TX 77010
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that thisFee(s) Transmittal is being depositedpith the United
`States Postal Service with
`sufficient postage for
`first class mail
`in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depositor's name)
`
`
`
`(Signature)
`
`(Date)
`
`APPLICATION NO
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`29/310,135
`TITLE OF INVENTION: SWITCH
`
`07/28/2008
`
`Tohru Nishiyama
`
`03115/129001
`
`7928
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`EXAMINER
`
`SIKDER, SELINA
`
`$860
`
`ART UNIT
`
`2912
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`Lj Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`
`
`
`
`
`CLASS-SUBCLASS
`
`D13-171000
`
`$860
`
`06/26/2009
`
`2. For printing on the patentfront page,list
`(1) the names of up to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) the name ofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If no nameis
`listed, no namewill be printed.
`
`
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`LV individual LJ Corporation or other private group entity (J Government
`
`4a. The following fee(s) are submitted:
`L] Issue Fee
`_] Publication Fee (No small entity discount permitted)
`LY Advance Order - #of Copies
`
`
`
`4b. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy ofthis form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`LI b. Applicant is no longer claiming SMALL ENTITYstatus. See 37 CFR 1.27(g)(2).
`LY a. Applicant claims SMALL ENTITYstatus. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown bythe records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`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 whichis to file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR Li14. This collection is estimated to take 12 minutes to complete, including gathering,preparing, and
`submitting the completed application form to the USPTO. Time will v.
`epending uponthe individual case. Any comments on the amountof time you require to complete
`this form and/or suggestions for reducing this burden, should be sent peeChief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, 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 respondto a collection of information unlessit displays a valid OMBcontrol number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`29/310,135
`
`07/28/2008
`
`Tohru Nishiyama
`
`03115/129001
`
`7928
`
`OSHA LIANG L.L.P.
`TWO HOUSTON CENTER
`909 FANNIN,SUITE 3500
`HOUSTON, TX 77010
`
`SHCDER, SELINA
`
`DD
`DATE MAILED:03/26/2009
`
`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 (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at 1-(888)-786-0101
`or
`(571)-272-4200.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`

`

` U.S. Patent and Trademark Office
`
`6. L] Interview Summary (PTO-413),
`Paper No./Mail Date.
`7. K] Examiner's Amendment/Comment
`2. LJ Notice of Draftperson's Pate65
`nt Drawing Review (PTO-948)
`
`3. [J Information Disclosure Statements (PTO/SB/08),
`8. LJ Examiner's Statement of Reasons for Allowance
`Paper No./Receipt Date
`5. L] Notice ofInformal Patent Application
`
`9. L] Other
`
`.
`
`
`Application No.
`Applicant(s)
`Notice of Allowability
`29/310,135
`NISHIYAMAETAL.
`For
`Examiner
`SELINA SIKDER
`
`A Design Application
`
`-- The MAILING DATEofthis 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. K] Theclaim is allowed.
`
`3. [] Acceptable drawings:
`
`(a) LJ The drawingsfiled on___—_—are accepted by the Examiner.
`
`(b) ] Drawing Figures filedon___ and drawing Figures filedon____ are accepted by the Examiner.
`
`4. &X] Theclaim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f) is acknowledged.
`a) XK] All b)(] Some*c)[] None
`ofthe:
`1. KI Certified copies of the priority documents have been received.
`2. [1] Certified copies of the priority documents have been received in Application No.
`3. [J Copiesofthe 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. (] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. KX] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) CJ including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) [1] hereto or 2) [1]
`to Paper No./Mail Date
`.
`(b) &X] including changes required by the attached Examiner's Amendment / Commentorin the Office action of
`Paper No./Mail Date 20090320.
`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 suchin the header according to 37 CFR 1.121(d).
`
`Attachment(s)
`
`1. KX] Notice of References Cited (PTO-892)
`
`
`
`NOTE:
`
`Selina Sikder
`Primary Examiner
`Art Unit: 2912
`
`PTOL-37D (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20090320
`
`

`

`Application/Control Number: 29/310,135
`Art Unit: 2912
`
`Page 2
`
`EXAMINER’S COMMENT
`
`1. The following is an examiner’s statement of reasons for allowance:
`
`Reference 4,131, 870 cited on the attached PTO 892 have been considered
`
`as prior art. After a through examination of the present application, it is the
`
`examiner's position that the claimed design of the present application is
`
`distinct for the appearanceof the button in use and for the transparent
`
`portions on each side of the button. Specifically, when the button is pushed
`
`at the center, the concave region movesinward while the two transparent
`
`portions on each side of the button remain stationary. These features create
`
`visually distinct appearance that are not shown to be obvious by the prior art
`
`presently of record nor can they be considered deminimis on the visual
`
`impact of the claimed design.
`
`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 beclearly
`
`labeled “Comments on Statement of Reasons for Allowance.”
`
`Drawings
`
`2. Figs. 5 and 6 viewsare objected to for lack of clarity. To avoid confusion as to
`
`the scopeof the claim, cross hatching should not be used on unclaimed subject
`
`matter, shown in broken lines, 37 CFR 1.152(Il). Therefore, the cross hatching
`
`within the unclaimed subject matter must be removed (note drawing below).
`
`. When preparing new drawings in compliance with the requirement thereof, 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.
`
`. Corrected drawing sheets are required in reply to the Office action to avoid
`
`abandonment of the application. Any amended replacement-drawing sheet
`
`should include all of the figures appearing on the immediateprior version of the
`
`sheet, even if only one figure is being amended. The figure or figure number of
`
`

`

`Application/Control Number: 29/310,135
`Art Unit: 2912
`
`Page 3
`
`an amended drawing should not be labeled as “amended.” If a drawing figureis
`
`to be canceled, the appropriate figure must be removed from the replacement
`
`sheet, and where necessary, the remaining figures must be renumbered and
`
`appropriate changes made to the brief description of the several views of the
`
`drawings for consistency. Additional replacement sheets may be necessary to
`
`show the renumbering of the remaining figures. The replacement sheet(s)
`
`should be labeled “Replacement Sheet” in the page header (as per 37 CFR
`
`1.84(c)) so as not to obstruct any portion of the drawing figures.
`
`Conclusion
`
`5. Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Selina Sikder whose telephone number is 571-
`
`272-2627. The examiner can normally be reached on Monday-Friday from 7:00
`
`AM to 3:30 PM.
`
`6.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Stella Reid, can be reached on 571-272-2656. The fax phone
`
`number for the organization wherethis application or proceeding is assigned is
`
`571-272-8300.
`
`7.
`
`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://pairdirect.uspto.gov. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197
`
`(toll-free).
`
`

`

`Application/Control Number: 29/310,135
`Art Unit: 2912
`
`Page 4
`
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`
`yss&
`
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`
`be removed within the
`broken line disclosure
`
`/Selina Sikder/
`Primary Examiner, Art Unit 2912
`
`