Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

Exhibit H

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Exhibit H PTO/AIA/15 (03-13) Approved for use through 01/31/2014. OM8 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1999 no persons are required to respond to a collection of information unless it displays a valid OMB.control number UTILITY Attorney Docket No. DAT 3001-CON First Nained Inventor Akihiro MOROHASHI KARARAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Аллллллллы PATENT APPLICATION TRANSMITTAL Title Communication System and its Method and Communciation.. ARARARARARARARARARARARARARARARARA A N (Only for new nonprovisional applications under 37 CFR 1.53(b) Express Mail Label No. APPLICATION ELEMENTS See MPEP chapter 600 concerning utility patent application contents. Commissioner for Patents ADDRESS TO: P.O. Box 1450 Alexandria, VA 22313-1450 ACCOMPANYING APPLICATION PAPERS AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA Fee Transmittal Form (PTO/S6/17 or equivalent) Nm Assignment Papers cover sheet & document(s)) Name of Assignee Data Scape Ltd. 13. 14. Applicant asserts small entity status. See 37 CFR 1.27 Applicant certifies micro entity status. See 37 CFR 1.29. Applicant must attach form PTO/S8/15A or 8 or equivalent. Specification Total Pages 48 Both the claims and abstract must start on a new page. (See MPEP 5 608.01(a) for information on the preferred arrangement) Drawing(s) (35 U.S.C. 113) (Total Sheets 11 6. Inventor's Oath or Declaration Total Pages ? (including substitute statements under 37 CFR 1.64 and assignments serving as an oath or declaration under 37 CFR 1.63(e)) Newly executed (original or copy) A copy from a prior application (37 CFR 1.63(d)) Application Data Sheet * See note below. See 37 CFR 1.76 (PTO/AIA/14 or equivalent) CO-ROM OY CD-R in duplicate, large table, or Computer Program (Appendix) Landscape Table on CD 9. Nucleotide and/or Amino Acid Sequence Submission (if applicable, items a.--core required) a. | Computer Readable Form (CRF) b. Specification Sequence Listing on: CD-ROM or CD-R (2 copies); or Paper Statements verifying identity of above copies 37 CFR 3.73{c} Statement Power of Attorney (when there is an assignee English Translation Document (if applicable) Information Disclosure Statement (PTO/SB/08 or PTO-1449) | Copies of citations attached Preliminary Amendment Return Receipt Postcard (MPEP $ 503) (Should be specifically itemized) Certified Copy of Priority Document(s) if foreign priority is claimed) Nonpublication Request Under 35 U.S.C. 122(b)(2)(B)(I). Applicant must attach form PTO/SB/35 or equivalent. Other Certification and Request for Prioritized Examination under 37 CFR 1.102(e) 16. 18. ] Other *Note: (1) Benefit claims under 37 CFR 1.78 and foreign priority claims under 1.55 must be included in an Application Data Sheet (ADS). (2) For applications filed under 35 U.S.C. 111, the application must contain an ADS specifying the applicant if the applicant is an assignee, person to whom the inventor is under an obligation to assign, or person who otherwise shows sufficient proprietary interest in the matter. See 37 CFR 1.46(b). 19. CORRESPONDENCE ADDRESS WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW In The address associated with Customer Number: 30866 Correspondence address below பபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபபப Аллллллллллллллл, Name Address Eric J. Nuss City State Zip Code Country Telephone Email Signature Eric J. Nussi Date 2017-07-17 Name Registration No. No.40.106 (Print/Type) (Attorney/Agent) This collection of information is required by 37 CFR 1.53(b). 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. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application 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, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, if you need assistance in completing the form, call 1-800-P70-9199 and select option 2. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Privacy Act Statement The Privacy Act of 1974 (PL. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. 2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974. as amended, pursuant to 5 U.S.C. 552am). 5. A record related to an international Application filed under the Patent Cooperation Treaty in this System of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. 6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)). A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. A record from this system of records may be disclosed, as a routine publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed ect to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent. 9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation. FEE TRANSMITTAL PTO/SB/17 (03-13) Approved for use through 01/31/2014. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 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 Complete if known Application Number Unassigned Filing Date July 17, 2017 Applicant asserts small entity status. See 37 CFR 1.27. First Named Inventor Akihiro MOROHASHI Applicant certifies micro entity status. See 37 CFR 1.29. Examiner Name Unassigned Form PTO/SB/15A or B or equivalent must either be enclosed or have Art Unit been submitted previously. Unassigned TOTAL AMOUNT OF PAYMENT ($) 6,300.00 Practitioner Docket No. DAT 3001-CON METHOD OF PAYMENT (check all that apply) Check Credit Card Money Order None Other (please identify): – IV | Deposit Account Deposit Account Number: 50-0578 Deposit Account Name: Terry W. Kramer For the above-identified deposit account, the Director is hereby authorized to (check all that apply): Charge fee(s) indicated below Charge fee(s) indicated below, except for the filing fee S($) 720 180 70 45 90 60 30 95 600 0 20 Charge any additional fee(s) or underpayment of fee(s) Credit any overpayment of fee(s) under 37 CFR 1.16 and 1.17 WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card information and authorization on PTO-2038. FEE CALCULATION 1. BASIC FILING, SEARCH, AND EXAMINATION FEES (U = undiscounted fee; S = small entity fee; M = micro entity fee) FILING FEES SEARCH FEES EXAMINATION FEES Application Type U($) S($) M($) U ($) M ($) U($) S($) M ($) Fees Paid ($) Utility 280 140* 600 300 150 360 1600.00 Design 180 120 460 230 115 Plant 180 90 380 190 580 290 145 Reissue 280 140 70 300 150 2,160 1,080 540 Provisional 260 130 65 O 0 * The $140 small entity status filing fee for a utility application is further reduced to $70 for a small entity status applicant who files the application via EFS-Web. 2. EXCESS CLAIM FEES Fee Description Undiscounted Fee ($) Small Entity Fee ($) Micro Entity Fee ($) Each claim over 20 (including Reissues) 80 40 Each independent claim over 3 (including Reissues) 420 210 105 Multiple dependent claims 780 390 Total Claims Extra Claims Fee ($) Fee Paid ($) 27 -20 or HP = 80.00 560.00 Multiple Dependent Claims HP = highest number of total claims paid for, if greater than 20. Fee ($) Fee Paid ($) Indep. Claims Extra Claims Fee ($) Fee Paid ($) -3 or HP = X HP = highest number of independent claims paid for, if greater than 3. 3. APPLICATION SIZE FEE If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer listings under 37 CFR 1.52(e)), the application size fee due is $400 ($200 for small entity) ($100 for micro entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s). Total Sheets Extra Sheets Number of each additional 50 or fraction thereof Fee ($) Fee Paid ($) - 100 = / 50 = _(round up to a whole number) X 4. OTHER FEE(S) Fees Paid ($) Non-English specification, $130 fee (no small or micro entity discount) Non-electronic filing fee under 37 CFR 1.16(t) for a utility application, $400 fee ($200 small or micro entity) Other leg late filing surcharge): Request for Prioritized Examination Fee ($4,000.00); Processing Fee ($140.00) 4140.00 195 O 420.00 -0- SUBMITTED BY Registration No. Signature \/Eric J. Nuss/ 00:40,106 Telephone (703) 519-9801 (Attorney/Agen Name (Print/Type) Eric J. Nuss Date July 17, 2017 This collection of information is required by 37 CFR 1.136. 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. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including gathering, preparing, and submitting the completed application 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, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2. Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. 2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m). 5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. 6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)). A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent. 9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation. 8. A Doc Code: TRACK1.REQ Document Description: TrackOne Request PTOIATA/424 (04.14) CERTIFICATION AND REQUEST FOR PRIORITIZED EXAMINATION UNDER 37 CFR 1.102(e) Page 1 of 1): copac aaaaaaaaaa aaaaaaaaaaaaaaaaaaaaaaaa a aaaaaaaa a aa Akihiro MOROHASHI ఇంంంంంంంంంంంంంంంంంంంంంంంంంంంంంంంంం First Named Inventor: WONDO Title of Invention: Nonprovisional Application Number (if known): cover woude Vuovo VUOVUUTTUVUUDUVUUDUUUU Communication System and its Method and Communication Apparatus and its Method APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS PRIORITIZED EXAMINATION FOR THE ABOVE-DENTIFIED APPLICATION, 1. The processing fee set forth in 37 CFR 1.170)(1) and the prioritized examination fee set forth in 37 CFR 1.17(c) have been filed with the request. The publication fee requirement is met because that fee, set forth in 37 CFR 1.18(d), is currently $0. The basic filing fee, search fee and examination fee are filed with the request or have been already been paid. I understand that any required excess claims fees or application size fee must be paid for the application. wwwwwwww 2. I understand that the application may not contain, or be amended to contain, more than four independent claims, more than thirty total claims, or any multiple dependent claims, and that any request for an extension of time will cause an outstanding Track I request to be dismissed. 3. The applicable box is checked below: wwwwwwwwwwwwwwwww ✓ Original Application (Track One) - Prioritized Examination under $ 1.102 e 1) 1. (a) The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a). This certification and request is being filed with the utility application via EFS-Web. ---OR--- (b) The application is an original nonprovisional plant application filed under 35 U.S.C. 111(a). This certification and request is being filed with the plant application in paper. wwwwww www ii. An executed inventor's oath or declaration under 37 CFR 1.63 or 37 CFR 1.64 for each inventor, or the application data sheet meeting the conditions specified in 37 CFR 1.53(0)(3)(0) is filed with the application. II. Request for Continued Examination - Prioritized Examination under $ 1.102 e 2) w i A request for continued examination has been filed with, or prior to this form. ii. If the application is a utility application, this certification and request is being filed via EFS-Web. il. The application is an original nonprovisional utility application filed under 35 U.S.C. 111(a), or is a national stage entry under 35 U.S.C. 371. iv. This certification and request is being filed prior to the mailing of a first Office action responsive to the request for continued examination. V. No prior request for continued examination has been granted prioritized examination status under 37 CFR 1.102(e)(2). Signature/Eric J. Nuss / Name Eric J. Nuss (PrintTyped) Date 2017-07-17 Practitioner 40106 Registration Number оооооооооооооооооооооооооооо Note: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4fd) for signature requirements and certifications, Submit multiple forms if more than one signature is required. * | *Total of forms are submitted. 2000000000000000000000000000000000000000000000000000 ఇంంంంంంంంంంంంంంంంంం Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C.552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. 2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m). A record related to an international Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. 6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)). 7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent. 9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation. Electronic Acknowledgement Receipt EFS ID: 29806820 Application Number: 15651949 International Application Number: Confirmation Number: 1659 Title of Invention: COMMUNICATION SYSTEM AND ITS METHOD AND COMMUNICATION APPARATUS AND ITS METHOD First Named Inventor/Applicant Name: Akihiro MOROHASHI Customer Number: 30868 Filer: Terry Wayne Kramer/wendy spradlin Filer Authorized By: Terry Wayne Kramer Attorney Docket Number: DAT 3001-CON Receipt Date: 17-JUL-2017 Filing Date: Time Stamp: 18:32:25 Application Type: Utility under 35 USC 111(a) Payment information: Submitted with Payment no File Listing: Document Number Document Description File Name File Size(Bytes)/ Message Digest Multi | Pages Part /.zip (if appl.) 39558 Oath or Declaration filed DECL.pdf no 37a8a3c33dce46676ef90a565295093df69€ 738b Warnings: Information: Total Files Size (in bytes), 39558 This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Applications Under 35 U.S.C. 111 If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Application under 35 U.S.C. 371 If a timely submission to enter the national stage of an international application is compliant with the conditions of 35 U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course. New International Application Filed with the USPTO as a Receiving Office If a new international application is being filed and the international application includes the necessary components for an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application.