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II
Electronic Version v1 .1 Stylesheet Version v1 .1
I SUBMISSION TYPE:
PATENT ASSIGNMENT
II NEW ASSIGNMENT
I NATURE OF CONVEYANCE: I
PATENT SECURITY AGREEMENT (FIRST LIEN)
CONVEYING PARTY DATA
I Name II Execution Date
IDSl-ITI, LLC 110512312013
IGLOBAL TEL*LINK CORPORATION 110512312013
lvALUE-ADDED COMMUNICATIONS, INC. 110512312013
13V TECHNOLOGIES INCORPORATED 110512312013
RECEIVING PARTY DATA
I Name: llcREDIT SUISSE AG
!street Address: llELEVEN MADISON AVENUE
I city: llNEWYORK
I state/Country: llNEWYORK
!Postal Code: 1110010
PROPERTY NUMBERS Total: 45
Property Type Number
Patent Number: 7123704
Patent Number: 6895086
Patent Number: 7664243
Patent Number: 7826604
Patent Number: 7248685
Patent Number: 8295457
Patent Number: 7551732
Patent Number: 7102509
Patent Number: 7085359
Patent Number: 7039171
Patent Number: 7860133
Patent Number: 7643518
Patent Number: 6052454
II
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Page 1 SECURUS EXHIBIT 1002
Patent Number: 6072860
Patent Number: 7564961
Patent Number: 7092494
Patent Number: 8233880
Patent Number: 7333798
Patent Number: 7403766
Patent Number: 7742581
Patent Number: 7783021
Patent Number: 7639791
Patent Number: 7844252
Patent Number: 7853243
Patent Number: 8243891
Patent Number: 8345850
Patent Number: 8396200
Patent Number: 7256816
I Application Number: 12032200
I Application Number: 11852642
I Application Number: 11706431
I Application Number: 11819834
I Application Number: 13615693
I Application Number: 13562057
I Application Number: 61804479
I Application Number: 13584295
I Application Number: 10832987
I Application Number: 12378244
I Application Number: 12321893
I Application Number: 12378191
I Application Number: 12218145
I Application Number: 12802641
I Application Number: 12456204
I Application Number: 12951790
I Application Number: 12861322
CORRESPONDENCE DATA
Fax Number: (917)777-7373
Page 2
Correspondence will be sent via US Mail when the fax attempt is unsuccessful
Phone: 212-735-3000
Email: [email protected]
Correspondent Name: SKADDEN ARPS SLATE MEAGHER & FLOM LLP
Address Line 1: FOUR TIMES SQUARE
Address Line 2:
Address Line 4:
ATTN: GREG NORMAN, ESQ.
NEW YORK, NEW YORK 10036
ATTORNEY DOCKET NUMBER: 217730/2188
NAME OF SUBMITTER: GREG NORMAN
Signature: /GN/
Date: 10/04/2013
This document serves as an Oath/Declaration (37 CFR 1.63).
Total Attachments: 11 source=FE Patent Security Agreement (First Lien)#page1 .tif source=FE Patent Security Agreement (First Lien)#page2.tif source=FE Patent Security Agreement (First Lien)#page3.tif source=FE Patent Security Agreement (First Lien)#page4.tif source=FE Patent Security Agreement (First Lien)#page5.tif source=FE Patent Security Agreement (First Lien)#page6.tif source=FE Patent Security Agreement (First Lien)#page7 .tif source=FE Patent Security Agreement (First Lien)#page8.tif source=FE Patent Security Agreement (First Lien)#page9.tif source=FE Patent Security Agreement (First Lien)#page1 O.tif source=FE Patent Security Agreement (First Lien)#page11.tif
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PATENT SECURITY AGREEMENT (FIRST LIEN)
This PATENT SECURITY AGREEMENT (FIRST LIEN) (as amended, restated, amended and restated, supplemented, restructured or otherwise modified, this "Agreement"), dated as of May 23, 2013, is made by DSI-ITI, LLC, a Delaware limited liability company located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("DSI"), GLOBAL TEL *LINK CORPORATION, a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 (the "Borrower"), VALUE-ADDED COMMUNICATIONS, INC., a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("Value-Added"), 3V TECHNOLOGIES INCORPORATED, a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("3V") (DSI, the Borrower, Value-Added and 3V, the "Grantors", and each individually a "Grantor"), in favor of CREDIT SUISSE AG, a Swiss bank located at Eleven Madison Avenue, New York, New York 10010 (the "Assignee"), as Administrative Agent pursuant to that certain First Lien Guarantee and Collateral Agreement, dated as of May 23, 2013, among the Assignee, the Grantors and the other parties thereto (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the "First Lien Guarantee and Collateral Agreement"), and pursuant to that certain First Lien Credit Agreement, dated as of May 23, 2013, among GTEL Holdings, Inc. ("Holdings"), the Borrower and certain Lenders and agents party thereto (as amended, restated, amended and restated, supplemented, restructured or otherwise modified from time to time, the "First Lien Credit Agreement").
Unless otherwise defined herein, terms defined in the First Lien Credit Agreement or the First Lien Guarantee and Collateral Agreement and used herein shall have the meanings given to them in the First Lien Credit Agreement or the First Lien Guarantee and Collateral Agreement, respectively.
WHEREAS, Holdings and the Borrower are members of an affiliated group of companies that includes each other Grantor (as defined in the First Lien Guarantee and Collateral Agreement);
WHEREAS, the proceeds of the extensions of credit under the First Lien Credit Agreement will be used in part to enable the Borrower to make valuable transfers to one or more of the other Grantors (as defined in the First Lien Guarantee and Collateral Agreement) in connection with the operation of their respective business;
WHEREAS, certain of the Qualified Counterparties may enter into Specified Swap Agreements with the Borrower;
WHEREAS, Holdings, the Borrower and the other Grantors (as defined in the First Lien Guarantee and Collateral Agreement) are engaged in related businesses, and each such Grantor derives substantial direct and indirect benefit from the extensions of credit under the First Lien Credit Agreement and from the Specified Swap Agreements; and
WHEREAS, pursuant to the First Lien Guarantee and Collateral Agreement, the Grantors are granting a security interest to the Assignee in certain Collateral, including the Patents set forth on Schedule A hereto.
NOW, THEREFORE, in consideration of the above premises, the parties hereto hereby agree as follows:
699090.01-LACSROIA-MSW
Page 4
1. Grant of Security Interest
(a) Each Grantor hereby grants to Assignee, for the ratable benefit of the Secured Parties, a security interest in, all of the following assets and property, in each case, wherever located and now owned or at any time hereafter acquired by such Grantor or in which such Grantor now has or at any time in the future may acquire any right, title or interest (collectively, the "Patent Collateral"), as collateral security for the prompt and complete payment and performance when due (whether at the stated maturity, by acceleration or otherwise) of such Grantor's Obligations:
(i) all Patents of such Grantor, including, without limitation, the registered and applied for Patents of such Grantor listed on Schedule A hereto; and
(ii) to the extent not otherwise included, all Proceeds of the foregoing.
(b) Schedule A hereto contains a true and accurate list of each Grantor's United States applications and registrations for the Patents.
(c) The security interest granted hereby is granted concurrently and in conjunction with the security interest granted to the Assignee under the First Lien Guarantee and Collateral Agreement. The rights and remedies of the Assignee with respect to the security interest granted hereby are in addition to those set forth in the First Lien Guarantee and Collateral Agreement (which is deemed incorporated by reference herein) and those which are now or hereafter available to the Assignee as a matter of law or equity. The exercise by the Assignee of any one or more of the rights, powers or privileges provided for in this Agreement, in the First Lien Guarantee and Collateral Agreement, or now or hereafter existing at law or in equity shall not preclude any other or further exercise by any person, including the Assignee, of any or all other rights, powers or privileges. In the event that any of the provisions of this Agreement are in conflict with the First Lien Guarantee and Collateral Agreement, the provisions of the First Lien Guarantee and Collateral Agreement shall govern.
2. Modifications
This Agreement or any prov1s10n hereof may not be changed, waived, or terminated except in accordance with the amendment provisions of the First Lien Credit Agreement. Notwithstanding the foregoing, each Grantor authorizes the Assignee, upon notice to such Grantor, to modify this Agreement in the name of and on behalf of such Grantor without obtaining such Grantor's signature to such modification, to the extent that such modification constitutes an amendment or supplement of Schedule A hereto, to add any right, title or interest in any Patent owned or subsequently acquired by such Grantor. Each Grantor additionally agrees to execute and deliver any additional agreement or amendment or supplement hereto as may be reasonably requested by the Assignee from time to time, to subject any such owned or subsequently acquired right, title or interest in any Patent to the security interests and perfection created or contemplated hereby or by the First Lien Guarantee and Collateral Agreement.
3. Applicable Law
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.
2 699090.01-LACSROIA-MSW
Page 5
4. Recordation
Each Grantor authorizes the Commissioner for Patents and any other government officials to record and register this Agreement upon request by the Assignee.
5. Counterparts
This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or other electronic image scan transmission (e.g., PDF) shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable.
[Signature Page Follows]
3 699090.01-LACSROIA-MSW
Page 6
IN WITNESS WHEREOF, each of the undersigned has caused this Agn;<'.ln<'.nt to be duly executed and ddivered as of the date first above written.
GRANTORS:
DSI-UI, LLC
By: Name: Charles Stephen row Title: Vice President, Chief Ffri.ancial Officer, Treasurer and Secretary
GLOBAL. TEL*UNK CORPORATION
Hy: ~~-- ' .. -·/~. ~~ ~--·
-------------- -------=--------------~--Nam.e: Ch.arks Ste .n Yow Title: Chief Financial Officer and Treasurer
\l i\L.tJ1~ ... /\_[Jl)E:l) (~()1\·f~4lJNl(~~i\l'1()NS, INC: .. i~
·-"'~ § /""\ l,k .. ., .. -t ,. f ,... .. ~~~~~ ll/ ~<-·<··' ,l·?_.>l ~ /l C-;t
;' ,.-·'·t--·~-~- .ft."''""" ff,,,~ .f:;.,,,.,.§.<b·~·-' ""-""""'""' N;;;;"(j;;;};~·St~;h~~~-~~~~ .............. L ............. .
By:
Title: Chieffimmdal Officer and Treasurer
3V TECHNOLOGIES INCORPORATED
By: 11 O\V
Title: ChiefVinandal Ofi:ker and Treasurer
[Signature Page to Patent Security Agreement (First Lien)]
Page 7
to
ASSIGNEE:
CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Assignee
By: Name: Title:
By: Name: Title:
Page 8
Schedule A
UNITED STATES PATENTS
(: (: :,.: :,.: :,.: :,.: :,.: :,.: :,.: < :,.: :,.: :,.: :,.: H :,.: :,.: :,.: :,.: :,.: :,.:
us 3-Way Call Detection System 7,1 23,704 10/1 7/2006 DSI-ITI, LLC us 3-Way Call Detection System and 6,8 95,086 51171 2005 DSI-ITI, LLC
Method us 3-Way Call Detection System and 7,6 64,243 21161 2010 DSI-ITI, LLC
Method us System and Method For Multi- 1032,200) (12 (2115 /2008) DSI-ITI, LLC
Modal Audio Mining of Telephone Conversations
us System and Method for the (11 /852,642) (9110 /2007) DSI-ITI, LLC Automatic Distribution of Inmate Phone Recordings
us System and Method for Three- (11 1706,431) (2115 /2007) Allowed DSI-ITI, LLC Way Call Detection
us System and Method For Visitation (11 /819,834) (6129 /2007) ABANDONED DSI-ITI, LLC Management in a Controlled-Access Environment
us Three-Way Call Detection Using 7,8 26,604 11/0 212010 DSI-ITI, LLC Steganography
us Three-Way Call Detection Using 7,2 48,685 71241 2007 DSI-ITI, LLC Stenography
us System and Method for 8,2 95,457 10/2 3/2012 DSI-ITI, LLC Controlling Free Phone Calls Through an Institutional Phone System
us System and Method for (13 /615,693) (9114 /2012) DSI-ITI, LLC Controlling Free Phone Calls Through an Institutional Phone System
699090.01-LACSROlA -MSW
Page 9
·:
us Centralized Voice Over IP 7,5 51,732 61231 2009 Glo bal Tel*Link Corporation Recording and Retrieval Method and Apparatus
us Computer Interface System for 7,1 02,509 0910 5/2006 Glo bal Tel*Link Corporation Tracking of Radio Frequency Identification Tags
us Investigation and Reporting of 7,0 85,359 08/0 1/2006 Glo bal Tel*Link Corporation Inmate Security Threats
us Method and System for Call 7,0 39,171 0510 212006 Glo bal Tel*Link Corporation Tracking to Discover Inmate-Employee Fraternization
us Method For Transferring and 7,8 60,133 12/2 8/2010 Glo bal Tel*Link Corporation Separating Telephone Call Data
us Method For Tran sf erring and 7,6 43,518 1/5/2 010 Glo bal Tel*Link Corporation Separating Telephone Call Data
us Telephone Apparatus With 6,0 52,454 04/1 8/2000 Glo bal Tel*Link Corporation Recording of Phone Conversations on Massive Storage
us Telephone Apparatus With 6,0 72,860 0610 612000 Glo bal Tel*Link Corporation Recording of Phone Conversations on Massive Storage
us Telephone Port Allocation Metl1od 7,5 64,961 7/21/ 2009 Glo bal Tel*Link Corporation us Telephone System 7,0 92,494 08/1 5/2006 Glo bal Tel*Link Corporation us Integration of Cellular Phone 8,2 33,880 7/31/ 2012 Glo bal Tel*Link Corporation
Detection and Reporting Into A Prison Telephone System
us Integration of Cellular Phone (13 /562,057) 71301 2012 Glo bal Tel*Link Corporation Detection and Reporting Into A Prison Telephone System
us Multifunction Wireless Device (61 /804,479) (3/22 /2013) Provisional Application Glo bal Tel*Link Corporation us Telecommunication Call 7,3 33,798 2/19/ 2008 Val ue-Added Communications, Inc.
Management and Monitoring
699090.01-LACSROlA -MSW
Page 10
us
us us
us
us
us
us us us
us
us
us
System
Telecommunication Call Management and Monitoring System with Voiceprint Verification
7,403,766
Electronic Messaging Exchange 7,742,581
Digital Telecommunication Call 7,783,021 Management and Monitoring System
Means and Method for Detecting 7,639,791 Three-Way Call Attempts
Telecommunication Call 7,844,252 Management and Monitoring System
Telecommunication Call Management and Monitoring System
Voice Message Exchange Voice Message Exchange System and Method for Detecting Three-Way Call Attempts
7,853,243
8,243,891 (13/584,295) 8,345,850
System and Method for Detecting 8,396,200 Three-Way Call Attempts
7/22/2008
6/22/2010
8/24/2010
12/29/2009
11/30/2010
12/14/2010
8/14/2012 (8/13/2012) Allowed 1/1/2013
3/12/2013
Improved Telecommunication Revenue Management System
(10/832,987) (4/27/2004)
System and Method for Detecting (12/378,244) (2112/2009) Allowed Three-Way Call Circumvention
699090.01-LACSROlA -MSW
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc. Value-Added Communications, Inc. Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Page 11
:·:
Attempts
us System and Method for Electronic /321,893) (12 (1/27 12009) Val ue-Added Communications, Inc. Notification in Institutional Communication
us System and Method for Controlled 1378,191) (12 (2/12 12009) Val ue-Added Communications, Inc. Call Handling
us Telecommunication Call /218,145) (12 (711 1/2008) Val ue-Added Communications, Inc. Management and Monitoring System with Voiceprint Verification
us Electronic Messaging Exchange /802,641) (12 (611 0/2010) Allowed Val ue-Added Communications, Inc.
us System and method for /456,204) (12 (611 2/2009) Val ue-Added Communications, Inc. Determining and Associating Tariff Rates for Institutional Calls
us Telecommunication Call /951,790) (12 (11/ 22/2010) Allowed Val ue-Added Communications, Inc. Management and Monitoring System
us Digital Telecommunications Call /861,322) (12 (8/2 3/2010) Val ue-Added Communications, Inc. Management and Monitoring System
us Systems and Processes for 7,2 56,816 8/14 /2007 3V Technologies Incorporated Scheduling and Conducting Audio/Video Communications
us 3-way Call Detection System and 60 1331,258 EXP IRED PROVISIONAL DSI -ITI, LLC Method
us Three-Way Call Detection Using 60 /492,228 EXP IRED PROVISIONAL DSI -ITI, LLC Steganography
us Multi-Model Audio Mining of 60 /901,342 ABA NDONED DSI -ITI, LLC
699090.01-LACSROlA -MSW
Page 12
·:
Telephone Conversions
FOREIGN PATENTS
·:
:,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.: :,.:
Australia Three-Way Call Detection Using AU 200430307 10/8/2009 DSI-ITI, LLC Steganography 5
Canada Three-Way Call Detection Using (C A2534767) (8/4/2004) ABANDONED DSI-ITI, LLC Steganography
EP Three-Way Call Detection Using (EP 1661371) (8/4/2004) ABANDONED DSI-ITI, LLC Steganography
PCT Centralized Voice Over IP (PC T/US04/4 (12/08/2004) INACTIVE Global Tel*Link Corporation Recording and Retrieval Method 1072) and Apparatus
PCT Improved Bandwidth Efficiency (PC T/US2005 (1/6/2005) INACTIVE Global Tel*Link Corporation Central Data Center VoIP 100 0552)
Canada Centralized Voice Over IP CA 2513540 7/6/2010 Global Tel *Link Corporation Recording and Retrieval Method and Apparatus
Canada Centralized Voice Over IP CA 2697884 11/13/2012 Global Tel*Link Corporation Recording and Retrieval Method and Apparatus
Great Britain Centralized Voice Over IP UK 2413034 12/11/2007 Global Tel*Link Corporation Recording and Retrieval Method and Apparatus
Hong Kong Centralized Voice Over IP HK 1079019 8/15/2008 Global Tel*Link Corporation Recording and Retrieval Method and Apparatus
699090.01-LACSROlA -MSW
Page 13
II
Electronic Version v1 .1 Stylesheet Version v1 .1
I SUBMISSION TYPE:
PATENT ASSIGNMENT
II NEW ASSIGNMENT
I NATURE OF CONVEYANCE: I
PATENT SECURITY AGREEMENT (SECOND LIEN)
CONVEYING PARTY DATA
I Name II Execution Date
IDSl-ITI, LLC 110512312013
IGLOBAL TEL*LINK CORPORATION 110512312013
lvALUE-ADDED COMMUNICATIONS, INC. 110512312013
13V TECHNOLOGIES INCORPORATED 110512312013
RECEIVING PARTY DATA
I Name: llcREDIT SUISSE AG
!street Address: llELEVEN MADISON AVENUE
I city: llNEWYORK
I state/Country: llNEWYORK
!Postal Code: 1110010
PROPERTY NUMBERS Total: 45
Property Type Number
Patent Number: 7123704
Patent Number: 6895086
Patent Number: 7664243
Patent Number: 7826604
Patent Number: 7248685
Patent Number: 8295457
Patent Number: 7551732
Patent Number: 7102509
Patent Number: 7085359
Patent Number: 7039171
Patent Number: 7860133
Patent Number: 7643518
Patent Number: 6052454
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Page 15
Patent Number: 6072860
Patent Number: 7564961
Patent Number: 7092494
Patent Number: 8233880
Patent Number: 7333798
Patent Number: 7403766
Patent Number: 7742581
Patent Number: 7783021
Patent Number: 7639791
Patent Number: 7844252
Patent Number: 7853243
Patent Number: 8243891
Patent Number: 8345850
Patent Number: 8396200
Patent Number: 7256816
I Application Number: 12032200
I Application Number: 11852642
I Application Number: 11706431
I Application Number: 11819834
I Application Number: 13615693
I Application Number: 13562057
I Application Number: 61804479
I Application Number: 13584295
I Application Number: 10832987
I Application Number: 12378244
I Application Number: 12321893
I Application Number: 12378191
I Application Number: 12218145
I Application Number: 12802641
I Application Number: 12456204
I Application Number: 12951790
I Application Number: 12861322
CORRESPONDENCE DATA
Fax Number: (917)777-7373
Page 16
Correspondence will be sent via US Mail when the fax attempt is unsuccessful
Phone: 212-735-3000
Email: [email protected]
Correspondent Name: SKADDEN ARPS SLATE MEAGHER & FLOM LLP
Address Line 1: FOUR TIMES SQUARE
Address Line 2:
Address Line 4:
ATTN: GREG NORMAN, ESQ.
NEW YORK, NEW YORK 10036
ATTORNEY DOCKET NUMBER: 217730/2188
NAME OF SUBMITTER: GREG NORMAN
Signature: /GN/
Date: 10/04/2013
This document serves as an Oath/Declaration (37 CFR 1.63).
Total Attachments: 1 O source=FE Patent Security Agreement (Second Lien)#page1 .tif source=FE Patent Security Agreement (Second Lien)#page2.tif source=FE Patent Security Agreement (Second Lien)#page3.tif source=FE Patent Security Agreement (Second Lien)#page4.tif source=FE Patent Security Agreement (Second Lien)#page5.tif source=FE Patent Security Agreement (Second Lien)#page6.tif source=FE Patent Security Agreement (Second Lien)#page7.tif source=FE Patent Security Agreement (Second Lien)#page8.tif source=FE Patent Security Agreement (Second Lien)#page9.tif source=FE Patent Security Agreement (Second Lien)#page10.tif
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PATENT SECURITY AGREEMENT (SECOND LIEN)
This PATENT SECURITY AGREEMENT (SECOND LIEN) (as amended, restated, amended and restated, supplemented, restructured or otherwise modified, this "Agreement"), dated as of May 23, 2013, is made by DSI-ITI, LLC, a Delaware limited liability company located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("DSI"), GLOBAL TEL*LINK CORPORATION, a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 (the "Borrower"), VALUE-ADDED COMMUNICATIONS, INC., a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("ValueAdded"), 3V TECHNOLOGIES INCORPORATED, a Delaware corporation located at 107 St. Francis Street, 32nd Floor, Mobile, AL 36602 ("3V") (DSI, the Borrower, Value-Added and 3V, the "Grantors", and each individually a "Grantor"), in favor of CREDIT SUISSE AG, a Swiss bank located at Eleven Madison Avenue, New York, New York 10010 (the "Assignee"), as Administrative Agent pursuant to that certain Second Lien Guarantee and Collateral Agreement, dated as of May 23, 2013, among the Assignee, the Grantors and the other parties thereto (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the "Second Lien Guarantee and Collateral Agreement"), and pursuant to that certain Second Lien Credit Agreement, dated as of May 23, 2013, among GTEL Holdings, Inc. ("Holdings"), the Borrower and certain Lenders and agents party thereto (as amended, restated, amended and restated, supplemented, restructured or otherwise modified from time to time, the "Second Lien Credit Agreement").
Notwithstanding anything herein to the contrary, (i) the liens and security interests granted to the Administrative Agent pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted in favor of the Senior Secured Parties (as defined in the Intercreditor Agreement referred to below), including liens and security interests granted to Credit Suisse AG, as administrative agent, pursuant to or in connection with the First Lien Credit Agreement dated as of May 23, 2013 (as amended, restated, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced from time to time), among GTEL HOLDINGS, INC., a Delaware corporation, GLOBAL TEL*LINK CORPORATION, a Delaware corporation, the lenders from time to time party thereto and CREDIT SUISSE AG, as administrative agent, and the other parties thereto, and (ii) the exercise of any right or remedy by the Administrative Agent hereunder is subject to the limitations and provisions of the Intercreditor Agreement dated as of May 23, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the "Intercreditor Agreement"), among CREDIT SUISSE AG, as First Lien Administrative Agent, CREDIT SUISSE AG, as Second Lien Administrative Agent, and each other Second Priority Representative (as defined in the Intercreditor Agreement) and Senior Representative (as defined in the Intercreditor Agreement) from time to time party thereto. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement, the terms of the Intercreditor Agreement shall govern.
Unless otherwise defined herein, terms defined in the Second Lien Credit Agreement or the Second Lien Guarantee and Collateral Agreement and used herein shall have the meanings given to them in the Second Lien Credit Agreement or the Second Lien Guarantee and Collateral Agreement, respectively.
WHEREAS, Holdings and the Borrower are members of an affiliated group of companies that includes each other Grantor (as defined in the Second Lien Guarantee and Collateral Agreement);
699623.02-LACSROIA - MSW
Page 18
WHEREAS, the proceeds of the extensions of credit under the Second Lien Credit Agreement will be used in part to enable the Borrower to make valuable transfers to one or more of the other Grantors (as defined in the Second Lien Guarantee and Collateral Agreement) in connection with the operation of their respective business;
WHEREAS, certain of the Qualified Counterparties may enter into Specified Swap Agreements with the Borrower;
WHEREAS, Holdings, the Borrower and the other Grantors (as defined in the Second Lien Guarantee and Collateral Agreement) are engaged in related businesses, and each such Grantor derives substantial direct and indirect benefit from the extensions of credit under the Second Lien Credit Agreement and from the Specified Swap Agreements; and
WHEREAS, pursuant to the Second Lien Guarantee and Collateral Agreement, the Grantors are granting a security interest to the Assignee in certain Collateral, including the Patents set forth on Schedule A hereto.
NOW, THEREFORE, in consideration of the above premises, the parties hereto hereby agree as follows:
1. Grant of Security Interest
(a) Each Grantor hereby grants to Assignee, for the ratable benefit of the Secured Parties, a security interest in, all of the following assets and property, in each case, wherever located and now owned or at any time hereafter acquired by such Grantor or in which such Grantor now has or at any time in the future may acquire any right, title or interest (collectively, the "Patent Collateral"), as collateral security for the prompt and complete payment and performance when due (whether at the stated maturity, by acceleration or otherwise) of such Grantor's Obligations:
(i) all Patents of such Grantor, including, without limitation, the registered and applied for Patents of such Grantor listed on Schedule A hereto; and
(ii) to the extent not otherwise included, all Proceeds of the foregoing.
(b) Schedule A hereto contains a true and accurate list of each Grantor's United States applications and registrations for the Patents.
(c) The security interest granted hereby is granted concurrently and in conjunction with the security interest granted to the Assignee under the Second Lien Guarantee and Collateral Agreement. The rights and remedies of the Assignee with respect to the security interest granted hereby are in addition to those set forth in the Second Lien Guarantee and Collateral Agreement (which is deemed incorporated by reference herein) and those which are now or hereafter available to the Assignee as a matter of law or equity. The exercise by the Assignee of any one or more of the rights, powers or privileges provided for in this Agreement, in the Second Lien Guarantee and Collateral Agreement, or now or hereafter existing at law or in equity shall not preclude any other or further exercise by any person, including the Assignee, of any or all other rights, powers or privileges. In the event that any of the provisions of this Agreement are in conflict with the Second Lien Guarantee and Collateral Agreement, the provisions of the Second Lien Guarantee and Collateral Agreement shall govern.
2 699623.02-LACSROIA - MSW
Page 19
2. Modifications
This Agreement or any prov1s10n hereof may not be changed, waived, or terminated except in accordance with the amendment provisions of the Second Lien Credit Agreement. Notwithstanding the foregoing, each Grantor authorizes the Assignee, upon notice to such Grantor, to modify this Agreement in the name of and on behalf of such Grantor without obtaining such Grantor's signature to such modification, to the extent that such modification constitutes an amendment or supplement of Schedule A hereto, to add any right, title or interest in any Patent owned or subsequently acquired by such Grantor. Each Grantor additionally agrees to execute and deliver any additional agreement or amendment or supplement hereto as may be reasonably requested by the Assignee from time to time, to subject any such owned or subsequently acquired right, title or interest in any Patent to the security interests and perfection created or contemplated hereby or by the Second Lien Guarantee and Collateral Agreement.
3. Applicable Law
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STA TE OF NEW YORK.
4. Recordation
Each Grantor authorizes the Commissioner for Patents and any other government officials to record and register this Agreement upon request by the Assignee.
5. Counterparts
This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or other electronic image scan transmission (e.g., PDF) shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable.
[Signature Page Follows]
3 699623.02-LACSROIA - MSW
Page 20
IN \VffNESS ~1:lER.EOF, each of the i.mdersignerl has caused this Agreement to be duly executed and delivered as of the date first above \Vri.tten<
GRANTOR.S:
DSI-ITI, LLC
By: ____ aa Nrune: Charles Stephe Ymv Tit.le: Vice President, Chief Financial Ofr1cer, Treasurer and Secretary
GLOBAL TEL *IJNK CORPORATION
By:
/! //J..f /) .... a~:--~~~=--~~\ Narne: Charles Stephe Yow Titk: ChiefFirw.ndal Officer and Treasurer
VALUE-ADDED CO"f>..{l\..fl.JNJCATYONS, INC.
A r) /-J.-"J..-4 .. • ~- ! f
By: ........ :::: ...... ~--,t,~=-Name; Charles Stephen O-'N
Title: Chief Financial Officer and Treasurer
JV TECHNOLOGIES INCOR.PORA TED /} .-'< .
. '~l .. ~-Narne: Charles Stephen 'ow
By:
Title; ChiefFirnmdal Officer and Treasurer
Page 21
[Signature
ASSIGNEE:
CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Assignee
By: Name: Title:
By: Name: Title:
to Patent Security Agreement (Second Lien)]
Page 22
Schedule A
UNITED STATES PATENTS
(: (: :,.: :,.: :,.: :,.: :,.: :,.: :,.: < :,.: :,.: :,.: :,.: H :,.: :,.: :,.: :,.: :,.: :,.:
us 3-Way Call Detection System 7,1 23,704 10/1 7/2006 DSI-ITI, LLC us 3-Way Call Detection System and 6,8 95,086 51171 2005 DSI-ITI, LLC
Method us 3-Way Call Detection System and 7,6 64,243 21161 2010 DSI-ITI, LLC
Method us System and Method For Multi- 1032,200) (12 (2115 /2008) DSI-ITI, LLC
Modal Audio Mining of Telephone Conversations
us System and Method for the (11 /852,642) (9110 /2007) DSI-ITI, LLC Automatic Distribution of Inmate Phone Recordings
us System and Method for Three- (11 1706,431) (2115 /2007) Allowed DSI-ITI, LLC Way Call Detection
us System and Method For Visitation (11 /819,834) (6129 /2007) ABANDONED DSI-ITI, LLC Management in a Controlled-Access Environment
us Three-Way Call Detection Using 7,8 26,604 11/0 212010 DSI-ITI, LLC Steganography
us Three-Way Call Detection Using 7,2 48,685 71241 2007 DSI-ITI, LLC Stenography
us System and Method for 8,2 95,457 10/2 3/2012 DSI-ITI, LLC Controlling Free Phone Calls Through an Institutional Phone System
us System and Method for (13 /615,693) (9114 /2012) DSI-ITI, LLC Controlling Free Phone Calls Through an Institutional Phone System
69962302-LACSROlA -MSW
Page 23
·:
us Centralized Voice Over IP 7,5 51,732 61231 2009 Glo bal Tel*Link Corporation Recording and Retrieval Method and Apparatus
us Computer Interface System for 7,1 02,509 0910 5/2006 Glo bal Tel*Link Corporation Tracking of Radio Frequency Identification Tags
us Investigation and Reporting of 7,0 85,359 08/0 1/2006 Glo bal Tel*Link Corporation Inmate Security Threats
us Method and System for Call 7,0 39,171 0510 212006 Glo bal Tel*Link Corporation Tracking to Discover Inmate-Employee Fraternization
us Method For Transferring and 7,8 60,133 12/2 8/2010 Glo bal Tel*Link Corporation Separating Telephone Call Data
us Method For Tran sf erring and 7,6 43,518 1/5/2 010 Glo bal Tel*Link Corporation Separating Telephone Call Data
us Telephone Apparatus With 6,0 52,454 04/1 8/2000 Glo bal Tel*Link Corporation Recording of Phone Conversations on Massive Storage
us Telephone Apparatus With 6,0 72,860 0610 612000 Glo bal Tel*Link Corporation Recording of Phone Conversations on Massive Storage
us Telephone Port Allocation Metl1od 7,5 64,961 7/21/ 2009 Glo bal Tel*Link Corporation us Telephone System 7,0 92,494 08/1 5/2006 Glo bal Tel*Link Corporation us Integration of Cellular Phone 8,2 33,880 7/31/ 2012 Glo bal Tel*Link Corporation
Detection and Reporting Into A Prison Telephone System
us Integration of Cellular Phone (13 /562,057) 71301 2012 Glo bal Tel*Link Corporation Detection and Reporting Into A Prison Telephone System
us Multifunction Wireless Device (61 /804,479) (3/22 /2013) Provisional Application Glo bal Tel*Link Corporation us Telecommunication Call 7,3 33,798 2/19/ 2008 Val ue-Added Communications, Inc.
Management and Monitoring
69962302-LACSROlA -MSW
Page 24
us
us us
us
us
us
us us us
us
us
us
System
Telecommunication Call Management and Monitoring System with Voiceprint Verification
7,403,766
Electronic Messaging Exchange 7,742,581
Digital Telecommunication Call 7,783,021 Management and Monitoring System
Means and Method for Detecting 7,639,791 Three-Way Call Attempts
Telecommunication Call 7,844,252 Management and Monitoring System
Telecommunication Call Management and Monitoring System
Voice Message Exchange Voice Message Exchange System and Method for Detecting Three-Way Call Attempts
7,853,243
8,243,891 (13/584,295) 8,345,850
System and Method for Detecting 8,396,200 Three-Way Call Attempts
7/22/2008
6/22/2010
8/24/2010
12/29/2009
11/30/2010
12/14/2010
8/14/2012 (8/13/2012) Allowed 1/1/2013
3/12/2013
Improved Telecommunication Revenue Management System
(10/832,987) (4/27/2004)
System and Method for Detecting (12/378,244) (2112/2009) Allowed Three-Way Call Circumvention
69962302-LACSROlA -MSW
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc. Value-Added Communications, Inc. Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Value-Added Communications, Inc.
Page 25
:·:
Attempts
us System and Method for Electronic /321,893) (12 (1/27 12009) Val ue-Added Communications, Inc. Notification in Institutional Communication
us System and Method for Controlled 1378,191) (12 (2/12 12009) Val ue-Added Communications, Inc. Call Handling
us Telecommunication Call /218,145) (12 (711 1/2008) Val ue-Added Communications, Inc. Management and Monitoring System with Voiceprint Verification
us Electronic Messaging Exchange /802,641) (12 (611 0/2010) Allowed Val ue-Added Communications, Inc.
us System and method for /456,204) (12 (611 2/2009) Val ue-Added Communications, Inc. Determining and Associating Tariff Rates for Institutional Calls
us Telecommunication Call /951,790) (12 (11/ 22/2010) Allowed Val ue-Added Communications, Inc. Management and Monitoring System
us Digital Telecommunications Call /861,322) (12 (8/2 3/2010) Val ue-Added Communications, Inc. Management and Monitoring System
us Systems and Processes for 7,2 56,816 8/14 /2007 3V Technologies Incorporated Scheduling and Conducting Audio/Video Communications
us 3-way Call Detection System and 60 1331,258 EXP IRED PROVISIONAL DSI -ITI, LLC Method
us Three-Way Call Detection Using 60 /492,228 EXP IRED PROVISIONAL DSI -ITI, LLC Steganography
us Multi-Model Audio Mining of 60 /901,342 ABA NDONED DSI -ITI, LLC
69962302-LACSROlA -MSW
Page 26
·:
Telephone Conversions
FOREIGN PATENTS
·: ,.:
Australia Three-Way Call Detection Using AU 200430307 10/812009 DSI-ITI,LLC Steganography 5
Canada Three-Way Call Detection Using (C A2534767) (8/4/2004) ABANDONED DSI-ITI,LLC Steganography
EP Three-Way Call Detection Using (EP 1661371) (8/4/2004) ABANDONED DSI-ITI,LLC Steganography
PCT Centralized Voice Over IP (PC T/US04/4 (12/08/2004) INACTIVE Glob al Tel*Link Corporation Recording and Retrieval Method 1072) and Apparatus
PCT Improved Bandwidth Efficiency (PC T/US2005 (1/6/2005) INACTIVE Glob al Tel*Link Corporation Central Data Center VoIP 100 0552)
Canada Centralized Voice Over IP CA 2513540 7/6/2010 Glob al Tel*Link Corporation Recording and Retrieval Method and Apparatus
Canada Centralized Voice Over IP CA 2697884 11113/2012 Glob al Tel*Link Corporation Recording and Retrieval Method and Apparatus
Great Britain Centralized Voice Over IP UK 2413034 12/11/2007 Glob al Tel*Link Corporation Recording and Retrieval Method and Apparatus
Hong Kong Centralized Voice Over IP HK 1079019 8/15/2008 Glob al Tel *Link Corporation Recording and Retrieval Method and Apparatus
69962302-LACSROlA -MSW
Page 27
UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. ISSUE DATE
13/584,295 08/20/2013
26111 7590 07/31/2013
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W. WASHINGTON, DC 20005
PATENT NO.
8515031
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
3210.0170001 1060
ISSUE NOTIFICATION
The projected patent number and issue date are specified above.
Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29, 2000)
The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include an indication of the adjustment on the front page.
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) WEB site (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 (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management (ODM) at (571)-272-4200.
APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
Stephen HODGE, Aubry, TX; David Woody, Allen, TX;
The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for business investment, innovation, and commercialization of new technologies. The USA offers tremendous resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation works to encourage and facilitate business investment. To learn more about why the USA is the best country in the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
IR103 (Rev. 10/09)
Page 28
APPLICATION NUMBER FILING OR 3 71 (C) DATE
13/584,295 08/13/2012
26111 STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE
Stephen HODGE 3210.0170001
CONFIRMATION N0.1060 POA ACCEPTANCE LETTER
111111111111111111111111]~!l]~~1~~1~~HHHHt111111111111111111111111 Date Mailed: 07/03/2013
NOTICE OF ACCEPTANCE OF POWER OF ATTORNEY
This is in response to the Power of Attorney filed 06/28/2013.
The Power of Attorney in this application is accepted. Correspondence in this application will be mailed to the above address as provided by 37 CFR 1.33.
/lhill/
Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
page 1of1
Page 29
PART B - F'EE(S) TR.ANSMITTAL
Complete and send this form, togeH1er wlth applicable foe{s), to: .Mn.ti
or Fax
Mail Stop ISSUE FEE Commissioner for Patents P.O. Box 1450 Alexamlrfa, Virginia 22313-1450 {571)-273-2885
INS'fifO'c'flC5Ns:"'fhs form should be used for translllitiing·the·lSSUE FEit'an'd"J>u1itlc/\ff6'1'{'FEE (if requTred). Blocks I through s should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless correcte~ below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for mamtenance fee not1ficat1C!!?.~: ........................... ____________________________ ~-~
CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address)
Note: A certificate of mailing can only b~ .. ~~;;r7~;'ct~~'esti'2'',;;~1J1;:g~·-;,['";i;; Fee(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 transmiss10n.
Certificate of Mailing or Transmission 26111 7590 04/08/2013
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W. WASHINGTON, DC 20005
I hereby certi!)' that this Fee(s) Transmittal is being deposited with the United States Postal Service with sulficient postage for first class mail in an envelOfle addressed to the Mail Stop ISSUE FEE address above, or being facsimile transmitted to the USPTO (57 l) 273-2885, on the date indicated below.
Stephen HODGE 3210.0170001 1060
TITLE OF INVENTION: Voice Message Exchange
r APPLN. TYPE '"T'"E~TITY.STATUS·-----r- ISSUE FEE DUE fPufil_lcATION FEE DUE l PREY. PAID-~SSUE,FEii''["rOTAL FEE(S) ouE"T"'""'l)A:1ii)(jf;"""""""'"] ~;-"""""""'''''"-".;:"" ..................... .__ ....... ..,,..,..,..,.. ......... , .................. ""' ...... ....,,."" , .•... :-... :-~--..... , .... ~-..;a. ... ~-.."""'~"'.L . . ................ ~ ................. ~~ ................................................ , .............. ,....... .... ............................................................... ............
nonprovisional SMALL -~-- $1780 $300 $0 71-~&- $2080 07/08/2013
r-------------------------EXAMINER ---------r·mm.'AR r UNIT--~~T""~~'Ass"."slii3cLA-ss __ J __ . .......... ,,,,.. ' '>'.-'.>'<'<><'<'<'<'<'<'\"<"<•.'•-""-..._.._.._.._.._.._.._.._.._.._.._.._.._ ........................................ ,,..................... J "' ..... --.. ~'""-
PHAN, JOSEPH T 2653 379-088120 i~w~~~~~~~u~~~-,,-F-•_A_d_~_e_u_"_(_3_7 ___ 2.-F-o_r_p_ri_n_ti_~_o_n_ili_e_p_a_w_n_t_ft_o_n_tp_a_g_e-,J-is-t--------------~--
CFR I. 63l· (I) the names of up to 3 registered patent attorneys .. ~~~r.D.~1..~.e.~!3.l~r.L ................ . 0 Change of correspondence address (or Change of Correspondence or agents OR, alternatively, Goldstein & Fox PLLC Address form PTO/SB/1 22) attached. (2) the name ofa single firm (having as a member a 2 ·················------ ................................ .. 0 "Fee Address" indication (or "Fee Address" Indication form registered attorney or agent) and the names of up to PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer 2 registered patent attorneys or agents. If no name is Number is required. · listed, no name will be printed.
3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forili in 37 CFR 3.1 l. Completion of this form is NOT a substitute for filing an assignment.
(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STA TE OR COUNTRY)
Value-Added Communications, Inc. Mobile, Alabama
Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual ~Corporation or other private group entity 0 Government
4a. _The following fee(s) are submitted:
~Issue Fee
>S::J Publication Fee (No small entity discount permitted) 0 Advance Order - #of Copies ________ _
PTOL-85 (Rev. 02/11)
4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
D A che~k is enclosed. 2SJ Payment by credit card. Form PT0-2038 is attached. ~The Director is hereby authorized to charge the r0uired fee(s), any deficiency, or credit any
overpayment, to Deposit Acc~~~!.~~!1~!LJl: ... Q.£§..m,~:~:~?-~:_-~_r: _ _::_~~~ copy of thi~-~~~!: ...
Page 2 of4
Page 30
5. Change in Entity Status (from status indicated above)
~Applicant certifying micro entity status. See 37 CFR 1.29
0 Applicant asserting small entity status. See 37 CFR 1.27
0 Applicant changing to regular undiscounted fee status.
1iQTit Absent a valid certification of Micro Entity Status (see fonn PTO/SB/15A and I 5B), issue fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
liQTit If the application was previously under micro entity status, checking this box will be taken to be a notificationiM loss of entitlement to micro entity status.
J:::l.QIE.;. Checking this box will be taken to be a notification of loss of entitlement lo small or micro entity status, as applicable. ·
·---~ •. ,,,,,,,,_.._.._.._..._..._ .... :-._-.,_-..,. .................... ~ ....................... .._.._.._.._ .• , . ._.._.._.._,.._ .. 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 h!t~l~-~-~-~~n b)• th~;-~cords of the l'.~1!£d ~W'·>~J~nt"~iw-'frademark Office. . . . _,,.,.. ~ / mmomuu~·-•••m••••mm""____,
Authorized Signature -~-~::::.~:--.'"~:~~;~~~>~:~~~~~~::::~{~i~~~;....................... ................ Date a~~.<~~ i~(l __ ~_·'_,~_1_," __ _
Typed or printed name ~8-~/p_;J?.!?N:~---~<:·............ ............................... Registration No. __ §.§.~4~I.... . .......................... .
This collection of information is regu~~il>\.'.:)f~FR 1.311. The info~i!Tci'ii is required to obtain or retaifi'abenetit by the public which is to'ffie'("'and by the USPTOt(1~rocess) an appl\cation. Confidentiality,is govemedby 35 U.S.C. 122.and 3? CFR 1.14. T~is collection \s e~tjmated to take 12 minutes to complete, includi,ng gathering.,prepanng, and subm1ttmg the completed apphcatton form to the USPTO. Time will vary depending upon the mdiv1dual case. Any comments on the amount of time you regune to complete this form and/or suggesti9ns. f~r reducing this burden, should be sent to the Chief lnfCJ_rmation Officer, U.S. Patent and Trademark Office, l.J.S, Department of Commerce, J>.O. Box 1450, Alexandna, Vtrgmta 22313-1450. DO NOT SEND FEES OR COMPLET1'D FORMS TO THIS ADDRESS. SEND TO: Comm1ss10ner 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. 02/11) Approved for use through 08/31/2013.
··~:
Page 3 of4
OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Page 31
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re application of:
HODGE et al.
Appl. No.: 13/584,295
Filed: August 13, 2012
For: Voice Message Exchange
Confirmation No.: 1060
Art Unit: 2653
Examiner: Joseph T. Phan
Atty. Docket: 3210.0170001
Cmnments on Statem.ent of Reasons for Allowance
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Commissioner:
Mail Stop: Issue Fee
Applicants thank the Examiner for indicating the allowability of claims 1-20 in the
Notice of Allowance dated April 8, 2013.
9omments on Statement o{Reasons {or Allowance
Applicants note the Examiner's Statement of Reasons for Allowance presented on page 2
of the Notice of Allowance. Applicants reserve the right to demonstrate that the claims 1-20 are
allowable over the art made of record for further reasons related to any of their recited features.
Applicants further contend that reservation of this right does not give rise to any implication
regarding whether the Applicants agree with or acquiesces in the reasoning provided by the
Examiner.
' ' ;:,..,, /f .. }~ /} 't" Date: _____ '!:_~/_~~-~~: ........ L: ___ ::~~---------------------··--·· 1100 New York Avenue, N.W. Washington, D.C. 20005-3934 (202) 371-2600
Respectfully submitted,
STERNE, KESSLER, Go,~,DSTEIN & Fox P.L.L.C.
~,··:~~-~;:~~{~:::; J.,~l.ireh C. Schleh ·"""··""'·· /Attom~y-for i?.-ppUcants
Registfi!tiooNo. 65,457
1676837
Page 32
PTOISB/80 (11-08) Approved for use through 1113012011. OMB 0651-0035
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 infonnation unless it displays a valid OMS control number.
(""""'" .... ""''''-~ .... ..,.,...,~ ... ~'<'<.K'O..'<,_,,, ____ .................. ~- ' ' '' ,,,,,,,,., .... ...,.,., ....... ~ ........................ -.:.:.. ... ~-..---=--... --~ ......... ~ ..... --..... --~~ - ,.. ................................... 1: il POWER Of ATTORNEY TO PROSECUTE APPUCATIONS BEFORE THE USPTO l ' ........ ~~, ... ~~ _ .. ___ ....... ......_. .. :-._..._ ..... ~~~:-:-:-:-:- ,,:-.................. ...... ................................................................................................................................................................................................................... __ ~~-... ...... ~J: ~~'< "))))))) : >»>>>>>>>>>:: ,.,.,..,...,. ....... , ... , .................................................... , ... ..._ ............................ ..,.. ...... ..._ ........ ..._..._..._..,....._..._..._..._...._...._..._..._..._..._..._..._..._..._ .......... ..._..._...._...._..._,..._..._...._...._...._...._...._...,._ __ ...._, ..................................... ~,1
~ ~~~~t;I ~~L~{~t~:~~-:~~~ious powers ~f a~~r~:~given in the applicat~:: __ ~~entified_~:"~: __ :~::,~:~ __ :,~~-~:::~~~:-~~~-~ ll hereby appoint: ~--~---~,~---~ I [Kl Practitioners associated with the Customer Number: I 26111 --~-i ~ OR L .......... , ·-·
~D ~
I I
Practitioner(s) named below (if more than ten patent practitioners are to be named, then a customer number must be used):
""""""~""""'"'''"""""""'"''"""""' . ' " ,,.,.~-~"""'----' ',. "'""""''·'i'""' '"""'"""""""'"""""'"""""''"""""""""'""'"'""""""t"'"'""""''"-"'""'1:~ ~.i.· Nall"ie · · l Registration F <.i Narne ~•.· Registration ~~ ., ! Number ::::::1 ~ Number i tX'«"<-'''~"'"'"'~'-~""''<'«'.~:::
as attorm·:)i(S) or agent(s) to mprne><mt the undersigned before the United States Patent and Trsi:Jemmi< Office {US PTO) in commc1.ion with ··· · · j I' any and ali patent applications assign,~ QDJy lo the un.dersigned accon:lir1g to lhe USPTO assignment mcore!s or ssslrinment documents ·
attached b this form in accordanoo v.1ith ~~7 CFR 3.73(0). ,,..,_,,,_,,.;-.~;-,.;-"';-"';>"'"-"-"-..,_..,_.._..,_..,..,_..,..,_ .• ,,..,.._~..,_....,.. n' n 'nnn n~.;.,.,x.; .. ,-..-..-..-..,-..-..-..-..-..-..-..-..-.., .... ,~,""""" '.o..~ - -------- - -- .. , , -.-.-.~ .. -..:-:-:--.~. ~-~-. ................................................... ....
Please change the correspondence address for the application identified in the attached statement under 37 CFR 3. 73(b) to: ••••••••••••"•••••u•••••••••••••••••••••••••• .. '-••nnn••••••••••••••••••-..;
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i Country : · · · : l l. l
[.~:'.:~~,~,:~--------------------·--:.c _________________ , ________________________________________________________ .. ~==----·rEmair"'"'"'""'"""""'"'"""m .... ,m,m------------------------·:~::::::::::::J ""',.,.,,.,_.,.__~~"""'~~~~~~~~~..,_""""'°""~...-""""~~---~~~~~~~~~'~M~'~· "'°'""""'~_,,.,.,,._,.,.,..~---"""-~~"*""'~~-~"»'~~~"""'~
Assignee Name and Address:
Value-Added Communications, Inc.
Ii 107 St. Francis Street, 33rd Floor Mobile, AL 36602 ~ .. ~ .. ~.~~----~"""""'...........,.,"'~~""'"'''"'"'"'·~·~~~~m., .. .,.,.,.,.,., ................ .,., .. .,.,.,.,.,.;.,"""'-.:..M.-.:.._..,.;-._,.._.._,,-..,..,.;.,-.,..N<»~-""'"'"" "< <"< "< "<:»"'<---~ iIBcopy of this form, together with a statement under 37 CFR 3.13(b} (Form PTO/SB/96 or equivalent) Is roqul~d to be
flied in each application in which this fo~m ls used. The statement um:.ler 37 CFR 3.73{b) may be completed by one of .• the practitkmers appointed in this form if the appointed practitioner ls authorized to act on behalf of the ;ii$$lgm1•e,
: a~~ mus!}9enti!X-!h~--!.k;~!ic~__!ion,l!!.~h.t::~Jhi.s Powe[.__cri Attom~K-1.! to b~J!l~!!~"''"''"'""'"""""''~"'""""'·------~ /'") SIGNATURE (;f Assignee of Record
'fihc indivf\im~ whose signj!>\tte and title is cmpplied below is authorized to ad on behalf 1.1fij1e assigm~<~ ~''''~~:-r. ;", ........ ~ .... ---~ .. ;",,,_,:t:~~~. . '"""""~"~"'"""~ '"'"' ""' _,, ' ' - ' '" ' ""'"""""1."'""""'""W,_""'"'>" ________________ ~,
Si~-~~~~::t.t:::7>~''",£ti~"' __ 1[»»»~-,~- ---=Di:!. e :_t f 4£ efO /d·~ l"..y;- ~ . . ;1 . .r".' ~ .,·~. --.---~
-~~{~I£~a Rid~ewaL_,_:;~ »»»»» . . -~~ T•:lephorm""'6/..,.,...:) df: · f <f 1 '?.., __ L!,!;;~»v ,,,,,,JY,.~C,~,,r,r,~~}E,~n.L_"'"'~~----"'"'"--""'"'- « """"""' •"""' ·'~'"""''""""''"""""""''-'""''""'"""'--"'l''!''"""""'~"'j This collection of information is required by 37 CFR\~~1. 1.32 and 1.33. The information is required to obtain or retain a benefit by the public wmch is to nle (and
by the US PTO to process) an application. Confidenti Jty is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1. 14. This collection is estimated to take 3 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. 00 NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commiw.ioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
If you need assistance in completing the form, ca/11-800-PT0-9199 and select option 2.
1515073
Page 33
PTO/SB/96 (07-09) Approved for use through 07/31/2012. OMB 0651-0031
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.
Atty. Docket No. 3210.0170001
Applicant/Patent Owner: Stenhen HODGE et al. -••••••••·"'-"•••••••••••••>>>H>>>>H>>>>>>>>>>>>>>..,>• ...... ~ •• ,.,.,_._._._._._._._._._._._._._._._._._•_•••••••••••••••••••••••••••••••••••>H•>H>>>>>•~-~--··········· ................... _._••••••••••••••••••••••••••••••HHH>>• ___ _
Application No./Patent No.: _____________________________ J3./.5.Kl 295 Filed/Issue Date: .~_A_u-"'g·u~JJ}_~--~-QJ~---------------·-----------Titled: Voice MessaQtlxchangy
_____________________ QlQ.Q~LI~l:ki.P.:k .. QQmoration ,a --------------·······--·--------------c~ .. QHJ.oxatfon _________ .................... ____ ___ (Name of Assignee) (Type of Assignee, e.g., corporation, partnership, university, government agency, etc.
states that it is:
1. [XI the assignee of the entire right, title, and interest in;
2. D an assignee of less than the entire right, title, and interest in (The extent (by percentage) of its ownership interest is ____ %);or
3. D the assignee of an undivided interest in the entirety of (a complete assignment from one of the joint inventors was made)
the patent application/patent identified above, by virtue of either:
A. D An assignment from the inventor(s) of the patent application/patent identified above. The assignment was recorded in the United States Patent and Trademark Office at Reel ---------------------------·····--------·. Frame , or for which a copy therefore is attached.
OR
B. [X] A chain of title from the inventor(s), of the patent application/patent identified above, to the current assignee as follows:
1. From: ______________________________ .St~p.lKO BQDGE et.a!,_ _____ "'"___________________ To:·----------------- Value-Added.GQ.ill-lll.\!.nj_~~1!QQ.§.,l.l}_c. ___________ ___
The document was recorded in the United States Patent and Trademark Office at
Reel 018169 Frame _________________ 09,5,J __ _ or for which a copy thereof is attached.
2. From: To: ----------------------·········------------·~-----·------·"·----------------------- ·~----·----------------------------------·······-----------------
The document was recorded in the United States Patent and Trademark Office at
Reel Frame _________________________ _ or for which a copy thereof is attached.
3. From: To: ---------------------------------------------------------------~-- ------·"--------------------------------·······-----------------------------------------
The document was recorded in the United States Patent and Trademark Office at
Reel Frame _______ _ or for which a copy thereof is attached.
D Additional documents in the chain of title are listed on a supplemental sheet(s).
IX] As required by 37 CFR 3.73(b)(1 )(i), the documentary evidence of the chain of title from the original owner to the assignee was, or concurrently is being, submitted for recordation pursuant to 37 CFR 3.11.
[NOTE: A separate copy (i.e., a true copy of the original assignment document(s)) must be submitted to Assignment Division in accordance with 37 CFR Part 3, to record the assignment in the records of the USPTO. See MPEP 302.08]
The undersigned (whose title is supplied below) is authorized to act on behalf of the assignee .
..... --·· .-· .-· .-···--~~~,:, .. ::.~.:~~~;~~::~:~ .. (~~::~::~------------------------------·············-------~----. ·::::'..:·'._:.Slgrfatu;.e · ")
__ ,,,:..-- ------~~~~~~~~~~~:i~~-~~~?--~~~-:--~?· 65 '4 5 7 """""" ____________ _ __ ____ A11QDl~YJQI .. AP1?1icant Printed or Typed Name Title
This collection of information is required by 37 CFR 3.73(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 1.11and1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the US PTO. 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 vou need assistance in comoletina the form. cal/ 1-800-PT0-9199 and select ootion 2. Page 34
Electronic Patent Application Fee Transmittal
Application Number: 13584295
Filing Date: 13-Aug-2012
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Filer: Lauren Carl Schleh/Regina Russell
Attorney Docket Number: 3210.0170001
Filed as Large Entity
Utility under 35 USC 111 (a) Filing Fees
Description Fee Code Quantity Amount Sub-Total in
USO($)
Basic Filing:
Pages:
Claims:
Miscellaneous-Filing:
Petition:
Patent-Appeals-and-Interference:
Post-Allowance-and-Post-Issuance:
Utility Appl Issue Fee 1501 1 1780 1780
Publ. Fee- Early, Voluntary, or Normal 1504 1 300 300
Page 35
Description Fee Code Quantity Amount Sub-Total in
USO($)
Extension-of-Time:
Miscellaneous:
Total in USO($) 2080
Page 36
Electronic Acknowledgement Receipt
EFSID: 16191232
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Lauren Carl Schleh/Regina Russell
Filer Authorized By: Lauren Carl Schleh
Attorney Docket Number: 3210.0170001
Receipt Date: 28-JUN-2013
Filing Date: 13-AUG-2012
Time Stamp: 16:34:19
Application Type: Utility under 35 USC 111 (a)
Payment information:
Submitted with Payment yes
Payment Type Credit Card
Payment was successfully received in RAM $2080
RAM confirmation Number 4668
Deposit Account
Authorized User
File Listing:
Document I Document Description I
File Name I
File Size( Bytes)/ I Multi I Pages Number Message Digest Part /.zip (if appl.)
Page 37
3210_0170001 _lssue_Fee_and 817825
1 - Comments_and_Power_of_At yes 6 torney.pdf c9ca5b2872b922094a3c449bf93f2f51 d611
7482
Multipart Description/PDF files in .zip description
Document Description Start End
Miscellaneous Incoming Letter 1 1
Issue Fee Payment (PT0-85B) 2 3
Post Allowance Communication - Incoming 4 4
Power of Attorney 5 5
Assignee showing of ownership per 37 CFR 3.73. 6 6
Warnings:
Information:
31842
2 Fee Worksheet (SB06) fee-info.pdf no 2 43330276bc4c37a7 c5251 abd869bf948c8c
7f3b0
Warnings:
Information:
Total Files Size (in bytes) 849667
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 A~~lications 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 A~~lication 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/E0/903 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 A~~lication 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 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) 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.
Page 38
LAUREN C. SCHLEH
DIRECTOR
(202) 772-8587 [email protected]
June 28, 2013
Commissioner for Patents PO Box 1450
Confirmation No. 1060 Mail Stop Issue Fee
Alexandria, VA 22313-14 5 0
Re: Allowed U.S. Utility Patent Application Appl. No. 13/584,295; Filed: August 13, 2012 For: Voice Message Exchange Inventors: HODGE et al. Our Ref: 3210.0170001
Commissioner:
In response to the Notice of Allowance and Fee(s) Due dated April 8, 2013, the following documents are transmitted for appropriate action by the U.S. Patent and Trademark Office:
1. Issue Fee Transmittal (Form PTOL-85);
2. Online Credit Card Payment Authorization for $2,080.00 to cover: $1,780.00 - Issue Fee; $300.00 - Publication Fee;
3. Comments on Statement of Reasons for Allowance;
4. Power of Attorney to Prosecute Applications Before the USPTO; and
5. Statement Under 37 C.F.R. §3.73(b).
The above-listed documents are filed electronically through EFS-Web. Fee payment is provided through online credit card payment. The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to our Deposit Account No. 19-0036.
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
LCS/LCS/rr Enclosures
,---·::::.25~:J<''# 1.~ttten C: Schl~h
... ::::<:>'Attq:rn~y f gr-·i·\pp licants ·····'··· R¢~ist-Faticin No. 65,457 , ... ~.-.··
1676842
Page 39
MICHAEL D. SPECHT
DIRECTOR
(202) 772-8756 [email protected]
June 21, 2013
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
ConfivnqJion 1Vo. /060 Art Unit 2653
Re: lLS. Appl. No. 13/584,295; Filing Date: August 13, 2012 For: Voice Message Exchange Inventor: HODGE et al. OurRef: 3210.0170001
Commissioner:
Transmitted herewith for appropriate action are the following documents:
1. The U.S. Patent and Trademark Office is hereby authorized to charge Deposit Account No. 19-0036 in the amount of $1,070.00 to cover the Utility Filing Fee, Utility Search Fee, and Utility Examination Fee deficiencies due to change in entity status; and
2. Correction of Entity Status Under 37 C.F.R. § 1.28(c) When Small Entity Status Was Established in Error at Payment of the Utility Filing Fee, Utility Search Fee, and Utihty Examination Fee and Payment of Fees Under 37 C.F.R. § 1.28(c)(2).
The above-listed documents are filed electronically through EF:~'-Web.
The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to om Deposit Account No. 19-0036.
MDS/tfg Enciosure(s)
1706540 1 ::. ·>. ~;·. -. :': : : :': . . . ' .
Respectfully submitted,
STERNE, KESSLER, GOLDSTEJN & Fox P.LL.C.
~~~9 ~1-Jd-Michael D. Specht Attorney for Patentee Registration No. 54,463
,: · .. ·,· ...
Page 40
IN THE UNITED STA TES PATENT AND TRADEMARK OFFICE
In re application of:
HODGEetaL
Appl. No.: 13/584,295
Filed: August 13, 2012
For: Voice Message Exchange
Confirmation No,: 1060
Art Unit: 2653
Examiner: PHAN, JOSEPH T
Atty. Docket: 3210.0170001
Correction of Entity Status Under 37 Col~~~R. § 1.28(c) \Vhen SmaH Entity Status was Established i:n Error and
Payment of Fees Under 37 C .. ER~ § L28(c)(2)
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Commissioner:
Small entity status was established in the above-captioned application in good
faith. However, it has now been discovered that small entity status was established in
error.
The deficiency owed is calculated as follows:
Type of Fee Fee Paid Date Paid Fee Owed Difference
1. Utility Filing Fee $95.00 08/13/2012 $280.00 $185.00 (Electronic Filing)
2. Utility Search Fee $310.00 08/13/2012 $600.00 $290.00
3. Utility Examination $125.00 08/13/2012 $720.00 $595.00 Fee ...... ~·-----------·- -·- -·- -·-·-·-
Total Owed: $1,070.00
Payment of these deficiencies based on a previous erroneous payment of a small
entity fee is to be treated under 37 C.F.R. § 1.27(g)(2) as a notification of loss of
entitlement to small entity status. 37 C.F.R. § 1.28(d).
Page 41
- 2 - HODGE et al. Appl. No. 13/584,295
Applicants respectfully request that the United States Patent and Trademark
Office excuse this error and correct the entity status to be that of a large entity. Early
notice to this effect is respectfully requested.
The Commissioner is authorized to charge any deficiencies or credit any
overpayments to our Deposit Account No. 19-0036.
Date: June 2 L 2Ql1 ........... _. _ .. _. ··-
1100 New York Avenue, N.W. Washington, D.C. 20005-3934 (202) 371-2600 1706537 1
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
\:\ ""-. n f\ v · . ,.•'"., -~ v~ \ 1 ~ ~ .... : --11--···--·-~ JL~-······-·'--~-\l
Michael D. Specht Attorney for Applicants Registration No. 54,463
Page 42
Electronic Acknowledgement Receipt
EFSID: 16109922
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Michael David Specht/Thomas Golaszewski
Filer Authorized By: Michael David Specht
Attorney Docket Number: 3210.0170001
Receipt Date: 21-JUN-2013
Filing Date: 13-AUG-2012
Time Stamp: 10:08:41
Application Type: Utility under 35 USC 111 (a)
Payment information:
Submitted with Payment I no
File Listing:
Document Document Description File Name
File Size( Bytes)/ Multi Pages Number Message Digest Part /.zip (if appl.)
263911
1 32100170001 _Correction_of_E
3 ntity.pdf
yes 289708deb5c1 ebfaabc0e4cbbad9c416761
9f020
Page 43
Multipart Description/PDF files in .zip description
Document Description Start End
Miscellaneous Incoming Letter 1 1
Notification of loss of entitlement to small entity status 2 3
Warnings:
Information:
Total Files Size (in bytes) 263911
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 A~~lications 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 A~~lication 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/E0/903 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 A~~lication 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 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) 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.
Page 44
APPLICATION NUMBER FILING OR 3 71 (C) DATE
13/584,295 08/13/2012
26111 STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Title:Voice Message Exchange
Publication No.US-2013-0114802-A 1 Publication Date:05/09/2013
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE
Stephen HODGE 3210.0170001 CONFIRMATION N0.1060
PUBLICATION NOTICE
111111111111111111111111]~!l]~~1~~1~~1~111~~~~H1111111111111111111111111
NOTICE OF PUBLICATION OF APPLICATION
The above-identified application will be electronically published as a patent application publication pursuant to 37 CFR 1.211, et seq. The patent application publication number and publication date are set forth above.
The publication may be accessed through the USPTO's publically available Searchable Databases via the Internet at www.uspto.gov. The direct link to access the publication is currently http://www.uspto.gov/patft/.
The publication process established by the Office does not provide for mailing a copy of the publication to applicant. A copy of the publication may be obtained from the Office upon payment of the appropriate fee set forth in 37 CFR 1.19(a)(1 ). Orders for copies of patent application publications are handled by the USPTO's Office of Public Records. The Office of Public Records can be reached by telephone at (703) 308-9726 or (800) 972-6382, by facsimile at (703) 305-8759, by mail addressed to the United States Patent and Trademark Office, Office of Public Records, Alexandria, VA 22313-1450 or via the Internet.
In addition, information on the status of the application, including the mailing date of Office actions and the dates of receipt of correspondence filed in the Office, may also be accessed via the Internet through the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application Information and Retrieval (PAIR) system. The direct link to access this status information is currently http://pair.uspto.gov/. Prior to publication, such status information is confidential and may only be obtained by applicant using the private side of PAIR.
Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent Electronic Business Center at 1-866-217-9197.
Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
page 1of1
Page 45
UNITED STA IBS p A IBNT 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
26111 7590 04/08/2013
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W. WASHINGTON, DC 20005
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/584,295 08/13/2012 Stephen HODGE
TITLE OF INVENTION: Voice Message Exchange
EXAMINER
PHAN, JOSEPH T
ART UNIT PAPER NUMBER
2653
DATE MAILED: 04/08/2013
ATTORNEY DOCKET NO. CONFIRMATION NO.
3210.0170001 1060
APPLN. TYPE ENTITY STATUS ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE DATEDUE
nonprovisional SMALL $890 $300 $0 $1190 07/08/2013
THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. PROSECUTION ON THE MERITS IS CLOSED. 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 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.
HOW TO REPLY TO THIS NOTICE:
I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that entity status still applies.
If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled "Change in Entity Status (from status indicated above)".
For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity fees.
IL PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office (USPTO) with your ISSUE FEE and PUBLICATION FEE (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 the paper as an equivalent of Part B.
III. 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 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 1of4 PTOL-85 (Rev. 02/11)
Page 46
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
or Fax Alexandria, Virginia 22313-1450 (571)-273-2885
INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. 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 change of address)
Note: A certificate of mailing can only be used for domestic mailings of the Fee(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.
26111 7590 04/08/2013 Certificate of Mailing or Transmission
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W.
I hereby certify that this Fee(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 Stop ISSUE FEE address above, or being facsimile transmitted to the USPTO (571) 273-2885, on the date indicated below.
WASHINGTON, DC 20005
APPLICATION NO. FILING DATE
13/584,295 08/13/2012
TITLE OF INVENTION: Voice Message Exchange
APPLN. TYPE ENTITY STATUS ISSUE FEE DUE
nonprovisional SMALL $890
EXAMINER ART UNIT
PHAN, JOSEPH T 2653
1. Change of correspondence address or indication of "Fee Address" (37 CFR 1.363).
0 Change of correspondence address (or Change of Correspondence Address form PTO/SB/122) 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 is required.
FIRST NAMED INVENTOR ATTORNEY DOCKET NO.
Stephen HODGE 3210.0170001
PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE
$300 $0
CLASS-SUBCLASS
379-088120
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 (having as a member a registered attorney or agent) and the names of up to 2 registered patent attorneys or agents. If no name is listed, no name will be printed.
$1190
(Depositor's name)
(Signature)
(Date)
CONFIRMATION NO.
1060
DATEDUE
07/08/2013
3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY)
Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
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0 Issue Fee
0 Publication Fee (No small entity discount permitted)
0 Advance Order - #of Copies _________ _
PTOL-85 (Rev. 02/11)
4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
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Page 2 of 4
Page 47
5. Change in Entity Status (from status indicated above)
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NOTE: Absent a valid certification of Micro Entity Status (see form PTO/SB/15A and 15B), issue fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
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Authorized Signature _______________________ _ Date ____________________ _
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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. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 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, 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.
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Page 3 of 4
PTOL-85 (Rev. 02/11) Approved for use through 08/31/2013. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Page 48
UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/584,295 08/13/2012
26111 7590 04/08/2013
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK A VENUE, N.W. WASHINGTON, DC 20005
Stephen HODGE
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
3210.0170001 1060
EXAMINER
PHAN, JOSEPH T
ART UNIT PAPER NUMBER
2653
DATE MAILED: 04/08/2013
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 day(s). 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 Patent Term Adjustment will be 0 day(s).
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) WEB site (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 (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.
Page 4 of 4 PTOL-85 (Rev. 02/11)
Page 49
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:
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Page 50
Application No. Applicant(s)
Notice of Allowability 13/584,295 HODGE ET AL. Examiner Art Unit
JOSEPH T. PHAN 2653
-- The MAILING DA TE 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. [8J This communication is responsive to 0811312012.
2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ;the restriction requirement and election have been incorporated into this action.
3. [8J The allowed claim(s) is/are 1-20. As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information, please see http://www.uspto.gov/patents/init events/pph/index.isp or send an inquiry to [email protected] .
4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a) D All b) D Some* c) D None of the:
1. D Certified copies of the priority documents have been received.
2. D Certified copies of the priority documents have been received in Application No. __ .
3. D 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.
5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
D including changes required by the attached Examiner's Amendment I 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).
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. [8J Notice of References Cited (PT0-892)
2. D Information Disclosure Statements (PTO/SB/08), Paper No./Mail Date __
3. D Examiner's Comment Regarding Requirement for Deposit of Biological Material
4. D Interview Summary (PT0-413), Paper No./Mail Date __ .
/JOSEPH T PHAN/ Primary Examiner, Art Unit 2653
U.S. Patent and Trademark Office
5. D Examiner's Amendment/Comment
6. [8J Examiner's Statement of Reasons for Allowance
7. D Other __ .
PTOL-37 (Rev. 09-12) Notice of Allowability Part of Paper No./Mail Date 20130323
Page 51
Application/Control Number: 13/584,295
Art Unit: 2653
Allowable Subject Matter
1. Claims 1-20 allowed.
2. The following is an examiner's statement ofreasons for allowance: The prior art of
Page 2
record does not expressly disclose, in view of other combined features, dialing based on periodic
intervals until the phone call is connected to the end user; playing the recorded message provided
by the registered user retrieved from the site server when the phone call is connected to the end
user; and billing an account associated with the unique access identifier provided by the
registered user after playing the recorded message for the end user.
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."
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to JOSEPH T. PHAN whose telephone number is (571)272-7544.
The examiner can normally be reached on Flexible schedule.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone number for the
organization where this application or proceeding is assigned is 571-273-8300.
Page 52
Application/Control Number: 13/584,295
Art Unit: 2653
Information regarding the status of an application may be obtained from the Patent
Page 3
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.
/JOSEPH T PHAN/ Primary Examiner, Art Unit 2653
Page 53
Application/Control No. Applicant(s)/Patent Under Reexamination
13/584,295 HODGE ET AL. Notice of References Cited
Examiner Art Unit
JOSEPH T. PHAN 2653 Page 1 of 2
U.S. PATENT DOCUMENTS
* Document Number Date
Country Code-Number-Kind Code MM-YYYY Name Classification
* A US-4,652,700 A 03-1987 Matthews et al. 379/88.26
* B US-4,766,604 A 08-1988 Axberg, David R. 379/88.23
* c US-6,097,791 A 08-2000 Ladd et al. 379/88.19
* D US-6,226,362 B1 05-2001 Gerszberg et al. 379/88.13
* E US-6,226,363 B1 05-2001 Miller, James H. 379/88.27
* F US-6,246,871 B1 06-2001 Ala-Laurila, Juha 455/413
* G US-2002/0071537 A 1 06-2002 GAINSBORO, JAY L. 379/188
* H US-2003/0009333 A 1 01-2003 Sharma et al. 704/246
* I US-6,611,583 B1 08-2003 Gainsboro, Jay L. 379/188
* J US-2003/0198325 A 1 10-2003 Bayne, Anthony J. 379/114.21
* K US-2003/0216983 A 1 11-2003 Bodin, William Kress 705/35
* L US-6,668,045 B1 12-2003 Mow, John Beck 379/88.19
* M US-2004/0029564 A 1 02-2004 Hodge, Stephen Lee 455/411
FOREIGN PATENT DOCUMENTS
* Document Number Date
Country Code-Number-Kind Code MM-YYYY Country Name Classification
N
0
p
Q
R
s T
NON-PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
u
v
w
x
*A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
U.S. Patent and Trademark Office
PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20130323
Page 54
Application/Control No. Applicant(s)/Patent Under Reexamination
13/584,295 HODGE ET AL. Notice of References Cited
Examiner Art Unit
JOSEPH T. PHAN 2653 Page 2 of 2
U.S. PATENT DOCUMENTS
* Document Number Date
Country Code-Number-Kind Code MM-YYYY Name Classification
* A US-6,788,771 82 09-2004 Manto, Charles L. 379/114.05
* B US-2006/0062355 A 1 03-2006 Leonard, Rhonda 379/067.1
* c US-7,106,843 81 09-2006 Gainsboro et al. 379/191
* D US-7,158,621 82 01-2007 Bayne, Anthony J. 379/114.13
E US-
F US-
G US-
H US-
I US-
J US-
K US-
L US-
M US-
FOREIGN PATENT DOCUMENTS
* Document Number Date
Country Code-Number-Kind Code MM-YYYY Country Name Classification
N
0
p
Q
R
s T
NON-PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
u
v
w
x
*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
U.S. Patent and Trademark Office
PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20130323
Page 55
Search Notes
Class 379 88.22
210.01
East Search
US Class/ CPC Symbol
Application/Control No.
13584295
Examiner
JOSEPH T PHAN
CPC-SEARCHED
Symbol
Applicant( s )/Patent Under Reexamination
HODGE ET AL.
Art Unit
2653
Date Examiner
CPC COMBINATION SETS - SEARCHED
Symbol I Date I Examiner I I
US CLASSIFICATION SEARCHED
Subclass Date Examiner 03/23/2013 JTP 03/23/2013 JTP
SEARCH NOTES
Search Notes I Date I Examiner I 03/23/2013 I JTP
INTERFERENCE SEARCH
US Subclass I CPC Group Date Examiner
Interference searched in East 03/23/2013 JTP
U.S. Patent and Trademark Office Part of Paper No.: 20130323
Page 56
Application/Control No.
Index of Claims 13584295
Examiner
JOSEPH T PHAN
Rejected Cancelled N
= Allowed Restricted
D Claims renumbered in the same order as presented by applicant
CLAIM Final Original 03/24/2013
1 =
2 =
3 =
4 =
5 =
6 =
7 =
8 =
9 =
10 =
11 =
12 =
13 =
14 =
15 =
16 =
17 =
18 =
19 =
20 =
U.S. Patent and Trademark Office
Applicant( s )/Patent Under Reexamination
HODGE ET AL.
Art Unit
2653
Non-Elected A Appeal
Interference 0 Objected
D CPA D T.D. D R.1.47
DATE
Part of Paper No.: 20130323
Page 57
EAST Search History
EAST Search History
EAST Search History (Interference}
1
1Fi;1rrH·;t;·n5;;;~h--Q~;;;-------------------------------------------------------------r10·8;---------------------wo;1~~-1t------:1;;1~-;~·1;T:ri·;;--------------:
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I[~[! ((recorded adj message) and (billing adj2 ! U&PGPUB; !DR !LJN ! 2013/03/25! ! ! ! account)).clm. ! USPAT; ! ! ! 13:46 ! I ....... ..1 .......... ..1 ............................................................................................ ...! -~-~~~ .................. .: ........................ .: ................. J .......................... .: 3/25/20131:57:01 PM C:\ Users\ jphan1 \Documents\ EAST\ Workspaces\ 2013-02.wsp
file:///Cl/U sers/jphanl/Documents/e-Red%20Folder/13584295/EASTSearchHistory .13584295 _Accessible Version.htm[3/25/2013 1 :57 :04 PM] Page 58
Application/Control No. Applicant(s)/Patent Under Reexamination
Issue Classification 13584295 HODGE ET AL.
Examiner Art Unit
JOSEPH T PHAN 2653
CPC
Symbol Type Version
CPC Combination Sets
Symbol Type Set Ranking Version
US ORIGINAL CLASSIFICATION INTERNATIONAL CLASSIFICATION
CLASS I SUBCLASS CLAIMED NON-CLAIMED
379 I 88.22 H 0 4 M 1 I 64 (2006.0)
H 0 4 M 3 I 42 (2006.01.01)
CROSS REFERENCE(S)
CLASS SUBCLASS {ONE SUBCLASS PER BLOCK)
379 210.01 I I I I I I I I
NONE Total Claims Allowed:
20 (Assistant Examiner) (Date) /JOSEPH T PHAN/ Primary Examiner.Art Unit 2653 03/23/2013 O.G. Print Claim(s) O.G. Print Figure
(Primary Examiner) (Date) 1 1
U.S. Patent and Trademark Office Part of Paper No. 20130323
Page 59
Application/Control No. Applicant(s)/Patent Under Reexamination
Issue Classification 13584295 HODGE ET AL.
Examiner Art Unit
JOSEPH T PHAN 2653
NONE Total Claims Allowed:
20 (Assistant Examiner) (Date)
/JOSEPH T PHAN/ Primary Examiner.Art Unit 2653 03/23/2013 O.G. Print Claim(s) O.G. Print Figure
(Primary Examiner) (Date) 1 1
U.S. Patent and Trademark Office Part of Paper No. 20130323
Page 60
Application/Control No. Applicant(s)/Patent Under Reexamination
Issue Classification 13584295 HODGE ET AL.
Examiner Art Unit
JOSEPH T PHAN 2653
D Claims renumbered in the same order as presented by applicant D CPA D T.D. D R.1.47
Final Original Final Original Final Original Final Original Final Original Final Original Final Original Final Original
1 17
2 18
3 19
4 20
5
6
7
8
9
10
11
12
13
14
15
16
NONE Total Claims Allowed:
20 (Assistant Examiner) (Date)
/JOSEPH T PHAN/ Primary Examiner.Art Unit 2653 03/23/2013 O.G. Print Claim(s) O.G. Print Figure
(Primary Examiner) (Date) 1 1
U.S. Patent and Trademark Office Part of Paper No. 20130323
Page 61
Equivalent of Form PTO/SB/08a {07-09)
.
:,i.:.::::_·.--.-·--.----_-_-_-_-_-_-_--__ -_-_~------------_-_-_-_-_-_-_-_-_-_-_-_-_-------------------------~-~;-o!IBrcN-PATE-NT-no~c-u_M_i:Nrs·------------------------------------~--------------------------------1
! Fo1e1t,n Patent Document Publication Pages, Columns, Lines, Where ! ! : . '. -----------------------------------------r-:;---------------------------········ -----------------------------..---
Examiner · ---------- ---- Name of Patentee or • 6 · · '•,,' Cite No. I C C d 3 N b 4 K' d Date . . d Relevant Passages or Relevant ! T i mitials* ountry o e - um er - m MM DD y Applicant of Cite Document • ·
Codes (if known) - -YYY i Figures Appear ! ·
-~~! ~F-P-1----+_ -·---------~=-~~~~~~~~~~~-~~:::::_-_-_----~~~~~~~~~~~- -------- __ }___ _____ ~~~~~~~~~~~~~-~-::_-_-_-_-_~~~~~------------ ---------~-I~~~~~~~~~~::::~~-~~~~~~~------m--___ L_ ____ .l . ····--------.---.-.----------~---------------- •, . ' j FP2 I ----------------.---1------------------------ ---- ! --·---· I :
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1--F-·1,-6·--------r--------------------------------- ---------------T------------------------·~----
-____ -___ -__ -___ -____ -___ l ... ~P7--------r---~---_-_-_-_-_-_-_-_-_-_-_-_-_-----------~~~~---------~~------~ ----------------·-· .---------r_---_-_-_-_-_-_-_-_-_-_-_-_-_-------~~~~·~ ___ -____ -___ -____ -___ -____ -_ .... -... -.. -----------~~--_-_]_-_-_-_-_-_-_-_-_-_-------~~~~----------- ----t---------j
*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance and not considered. Include copy of this form with next communication to applicant. 1 Applicant's unique citation designation number (optional). 2 See Kinds Codes ofUSPTO Patent Documents at www.uspto.gov or MPEP 901.04. 3 Enter Office that issued the document, by the twoletter code (WIPO Standard ST.3). 4 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document. ; Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 6 Applicant is to place a check mark here if English language Translation is attached.
Page 62
Electronic Acknowledgement Receipt
EFSID: 15430818
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Lauren Carl Schleh/Regina Russell
Filer Authorized By: Lauren Carl Schleh
Attorney Docket Number: 3210.0170001
Receipt Date: 04-APR-2013
Filing Date: 13-AUG-2012
Time Stamp: 17:03:13
Application Type: Utility under 35 USC 111 (a)
Payment information:
Submitted with Payment I no
File Listing:
Document Document Description File Name
File Size( Bytes)/ Multi Pages Number Message Digest Part /.zip (if appl.)
900760
1 3210_0170001_1DS.pdf yes 8 6a9697f8bdd 1 bf3ee87f1 cb97a8daf66cf65
d771
Page 63
Multipart Description/PDF files in .zip description
Document Description Start End
Miscellaneous Incoming Letter 1 1
Transmittal Letter 2 7
Information Disclosure Statement (IDS) Form (SBOS) 8 8
Warnings:
Information:
Total Files Size (in bytes) 900760
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 A~~lications 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 A~~lication 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/E0/903 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 A~~lication 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 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) 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.
Page 64
MICHAEL D. SPECHT
DIRECTOR
(202) 772-8756 [email protected]
April 4, 2013
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Contirmation Jio. 106fl Art Unit 2652
Attn: Mail Stop Amendment
Re: U.S. Utility Patent Application Application No. 13/584,295; Filing Date: August 13, 2012 For: Voice Message Exchange Inventors: HODGE et al. Our Ref: 3210.0170001
Commissioner:
Transmitted herewith for appropriate action are the following documents:
1. Information Disclosure Statement;
2. Form PTO/SB/08a (1 sheet) listing 16 documents (US1-US16);
The above-listed documents are filed electronically through EFS-Web.
In the event that extensions of time are necessary to prevent abandonment of this patent application, then such extensions of time are hereby petitioned.
The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to our Deposit Account No. 19-0036.
MDS/LCS/rr Enclosures
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
\\ ~()\;·<CJ~ n ~ v~)(~-- ,/ ··-J~
Michael D. Specht Attorney for Applicants Registration No. 54,463
·=· ·; .. ·, .... ,:- · .. ·,· .. . . . . ·. ·.· ·.· ·. . : -·~ .... · .... · . : .. ·~ . : .· ·.·
1650169
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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re application of:
HODGE et al.
Appl. No.: 13/584,295
Filed: August 13, 2012
Confirmation No.: 1060
Art Unit: 2652
Examiner: To Be Assigned
Atty. Docket: 3210.0170001
For: Voice Message Exchange
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Commissioner:
Information Disclosure Statement
Mail Stop Amendment
Listed on accompanymg IDS Forms PTO/SB/08a equivalent and/or PTO/SB/08b
equivalent are documents that may be considered material to the patentability of this application
as defined in 37 C.F.R. § 1.56, and in compliance with the duty of disclosure requirements of 37
C.F.R. §§ 1.97 and 1.98.
Where the publication date of a listed document does not provide a month of publication,
the year of publication of the listed document is sufficiently earlier than the effective U.S. filing
date and any foreign priority date so that the month of publication is not in issue. Applicants
have listed publication dates on the attached IDS Forms based on information presently available
to the undersigned. However, the listed publication dates should not be construed as an
admission that the information was actually published on the date indicated.
Applicants reserve the right to establish the patentability of the claimed invention over
any of the information provided herewith:. and/or to prove that this information may not be prior
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art, and/or to prove that this information may not be enabling for the teachings purportedly
offered.
This statement should not be construed as a representation that a search has been made,
or that information more material to the examination of the present patent application does not
exist. The Examiner is specifically requested not to rely solely on the material submitted
herewith.
Applicants have checked the appropriate boxes below.
D 1. Statement under 37 C.F.R. l.704(d). Each item of information contained in this
Information Disclosure Statement: (i) was first cited in any communication from a patent
office in a counterpart' foreign or international application or from the Office; and this
communication was not received by any individual designated in Sec. 1.56( c) more than
thirty days prior to the filing of this information disclosure statement; OR (ii) is a
communication that was issued by a patent office in a counterpart foreign or international
application or by the Office, and this communication was not received by any individual
designated in Sec. l.56(c) more than thirty days prior to the filing of the information
disclosure statement.
1 The term counterpart foreign patent application means that a claim for priority has been made in either the U.S. application or a foreign application based on the other, or that the disclosures of the U.S. and foreign patent applications are substantively identical (e.g., an application filed in the European Patent Office claiming the same U.K. priority as claimed in the U.S. application).
Atty. Dkt. No. 3210.0170001
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·~ - j - HODGE eta!.
Appl. No. 13/584,295
~ 2. Filing under 37 C.F.R. § 1.97(b). This Information Disclosure Statement is being filed
within three months of the date of filing of a national application other than a continued
prosecution application (CPA), OR within three months of the date of entry of the
national stage as set forth in 37 C.F.R. § 1.491 in an international application, OR before
the mailing date of a first Office Action on the merits OR before the mailing of a first
Office Action after the filing of a request for continued examination under 37 C.F.R. §
1.114. No statement or fee is required.
D 3. Filing under 37 C.F.R. § 1.97(c). This Information Disclosure Statement is being filed
more than three months after the U.S. filing date AND after the mailing date of the first
Office Action on the merits, but before the mailing date of a Final Rejection, or Notice of
Allowance, or an action that otherwise closes prosecution in the application.
D a. Statement under 37 C.F.R. § 1.97(e)(l). I hereby state that each item of
information contained in this Information Disclosure Statement was first
cited in any communication from a foreign patent office in a counterpart
foreign application not more than three months prior to the filing of this
Information Disclosure Statement. 37 C.F.R. § 1.97(e)(l).
Db. Statement under 37 C.F.R. § 1.97(e)(2). I hereby state that no item of
information in this Information Disclosure Statement was cited in a
communication from a foreign patent office in a counterpart foreign
application and, to my knowledge after making reasonable inquiry, was
known to any individual designated in 37 C.F.R. § l.56(c) more than three
Atty. Dkt No. 3210.0170001
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months prior to the filing of this Information Disclosure Statement. 3 7
C.F.R. § 1.97(e)(2).
D c. The required fee is provided through online credit card payment
authorization in the amount of $180.00 in payment of the fee under 37
C.F.R. § 1.17(p).
D 4. Filing under 37 C.F.R. § 1.97(d) This Information Disclosure Statement is being filed
more than three months after the U.S. filing date and after the mailing date of a Final
Rejection or Notice of Allowance, but on or before payment of the Issue Fee. The
required fee is provided through online credit card payment authorization in the amount
of $180.00 in payment of the fee under 37 C.F.R. § 1.17(p); in addition:
D a. Statement under 37 C.F.R. § 1.97(e)(l). I hereby state that each item of
information contained in this Information Disclosure Statement was first
cited in any communication from a foreign patent office in a counterpart
foreign application not more than three months prior to the filing of this
Information Disclosure Statement. 37 C.F.R. § 1.97(e)(l).
Db. Statement under 37 C.F.R. § 1.97(e)(2). I hereby state that no item of
information in this Information Disclosure Statement was cited in a
communication from a foreign patent office in a counterpart foreign
application and, to my knowledge after making reasonable inquiry, was
known to any individual designated in 37 C.F.R. § 1.56(c) more than three
Atty. Dkt. No. 3210.0170001
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months prior to the filing of this Information Disclosure Statement. 3 7
C.F.R. § l.97(e)(2).
D 5. The document(s) was/were cited in a search report by a foreign patent office in a
counterpart foreign application. Submission of an English language version of the search
report that indicates the degree of relevance found by the foreign office is provided in
satisfaction of the requirement for a concise explanation of relevance. 113 8 OG 3 7, 3 8
and MPEP 609.04(a)(III).
D 6. A concise explanation of the relevance of the non-English language document(s) appears
below in accordance with 37 C.F.R. § l.98(a)(3).
~ 7. In accordance with 37 C.F.R. § l.98(a)(2), no copies of U.S. patents and patent
application publications cited as documents US1-US16 on the attached IDS Forms are
submitted.
~ 8. Copies of documents US1-US16 were cited by or submitted to the Office in an IDS that
complies with 37 C.F.R. § l.98(a)-(c) in Application No. 11/045,590, filed January 28,
2005, which is relied upon for an earlier filing date under 35 U.S.C. § 120. Thus, copies
of these documents are not attached. 37 C.F.R. § l.98(d).
~ 9. It is expected that the examiner will review the prosecution and cited art in parent
Application No. 11/045,590 in accordance with MPEP 2001.06(b), and indicate in the
next communication from the office that the art cited in the earlier prosecution history has
been reviewed in connection with the present application.
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D 10. In accordance with the Federal Circuit decision in Dayco Prods., Inc. v_ Total
Containment, Inc. 329 F.3d 1358 (Fed. Cir. 2003), Applicants submit herewith Office
Actions from the co-pending U.S. Patent Application No. ______ , filed
·~~~---·----------'as documents ____ to---·
The identification of these Office Actions is not to be construed as a waiver of secrecy as
to those applications now or upon issuance of the present application as a patent. The
Examiner is respectfully requested to consider the cited applications and the art cited
therein during examination.
It is respectfully requested that the Examiner initial and return a copy of the enclosed IDS
Forms, and indicate in the official file wrapper of this patent application that the documents have
been considered.
The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency,
or credit any overpayment, to our Deposit Account No. 19-0036.
/\ ~ L,j 1 11.,. Date: ~ I - t l I :I ...... -.... --------t------------~---------------------------
1100 New York Avenue, N.W. Washington, D.C. 20005-3934 (202) 371-2600
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
~~SL:Y Michael D. Specht Attorney for Applicants Registration No. 54,463
Atty. Dkt. No. 3210,0170001
1650164
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APPLICATION NUMBER
13/584,295
26111
FILING or 37l(c)DATE
08/13/2012
GRPART
UNIT
2652 FIL FEE REC'D
530
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
ATTY.DOCKET.NO TOT CLAIMS IND CLAIMS
3210.0170001 20 2 CONFIRMATION N0.1060
UPDATED FILING RECEIPT
111111111111111111111111]~!l]~~1~~1~~H~~UH] 11111111111111111111111
Date Mailed: 01/30/2013
Receipt is acknowledged of this non-provisional patent application. The application will be taken up for examination in due course. Applicant will be notified as to the results of the examination. Any correspondence concerning the application must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
lnventor(s)
Applicant( s)
Stephen HODGE, Aubry, TX; David Woody, Allen, TX;
Stephen HODGE, Aubry, TX; David Woody, Allen, TX;
Power of Attorney: None
Domestic Priority data as claimed by applicant This application is a CON of 11/045,590 01/28/2005 PAT 8243891
Foreign Applications for which priority is claimed (You may be eligible to benefit from the Patent Prosecution Highway program at the USPTO. Please see http://www.uspto.gov for more information.) - None. Foreign application information must be provided in an Application Data Sheet in order to constitute a claim to foreign priority. See 37 CFR 1.55 and 1.76.
Permission to Access - A proper Authorization to Permit Access to Application by Participating Offices (PTO/SB/39 or its equivalent) has been received by the USPTO.
If Required, Foreign Filing License Granted: 08/22/2012 The country code and number of your priority application, to be used for filing abroad under the Paris Convention, is US 13/584,295 Projected Publication Date: 05/09/2013 Non-Publication Request: No Early Publication Request: No
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** SMALL ENTITY ** Title
Voice Message Exchange
Preliminary Class
379
PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing of patent applications on the same invention in member countries, but does not result in a grant of "an international patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent protection is desired.
Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country in accordance with its particular laws. Since the laws of many countries differ in various respects from the patent law of the United States, applicants are advised to seek guidance from specific foreign countries to ensure that patent rights are not lost prematurely.
Applicants also are advised that in the case of inventions made in the United States, the Director of the US PTO must issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application serves as a request for a foreign filing license. The application's filing receipt contains further information and guidance as to the status of applicant's license for foreign filing.
Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish to consult the U.S. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative, this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may call the U.S. Government hotline at 1-866-999-HAL T (1-866-999-4158).
GRANTED
LICENSE FOR FOREIGN FILING UNDER
Title 35, United States Code, Section 184
Title 37, Code of Federal Regulations, 5.11 & 5.15
The applicant has been granted a license under 35 U.S.C. 184, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where
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the conditions for issuance of a license have been met, regardless of whether or not a license may be required as set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under 37 CFR 5.13 or 5.14.
This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This license is not retroactive.
The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter as imposed by any Government contract or the provisions of existing laws relating to espionage and the national security or the export of technical data. Licensees should apprise themselves of current regulations especially with respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of Treasury (31 CFR Parts 500+) and the Department of Energy.
NOT GRANTED
No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12, if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed from the filing date of this application and the licensee has not received any indication of a secrecy order under 35 U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
Select USA
The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for business investment, innovation, and commercialization of new technologies. The U.S. offers tremendous resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business investment. SelectUSA provides information assistance to the international investor community; serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states, and regions competing for global investment; and counsels U.S. economic development organizations on investment attraction best practices. To learn more about why the United States is the best country in the world to develop technology, manufacture products, deliver services, and grow your business, visit http://www.SelectUSA.gov or call + 1-202-482-6800.
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PATENT APPLICATION FEE DETERMINATION RECORD Application or Docket Number
Substitute for Form PT0-875 13/584,295
APPLICATION AS FILED - PART I OTHER THAN
(Column 1) (Column 2) SMALL ENTITY OR SMALL ENTITY
FOR NUMBER FILED NUMBER EXTRA RATE($) FEE($) RATE($) FEE($)
BASIC FEE N/A N/A N/A 98 N/A (37 CFR 1.16(a), (b), or (c))
SEARCH FEE N/A N/A N/A 310 N/A (37 CFR 1.16(k), (i), or (m))
EXAMINATION FEE N/A N/A N/A 125 N/A (37 CFR 1.16(0), (p), or (q))
TOTAL CLAIMS 20 (37 CFR 1.16(i))
minus 20= x 31 = 0.00 OR
INDEPENDENT CLAIMS 2 minus 3 = x 125 = 0.00 (37 CFR 1.16(h))
If the specification and drawings exceed 100 APPLICATION SIZE sheets of paper, the application size fee due is FEE $31 O ($155 for small entity) for each additional 0.00 (37 CFR 1.16(s)) 50 sheets or fraction thereof. See 35 U.S.C.
41 (a)(1 )(G) and 37 CFR 1.16(s).
MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j)) 0.00
* If the difference in column 1 is less than zero, enter "O" in column 2. TOTAL 533 TOTAL
APPLICATION AS AMENDED - PART II
OTHER THAN
(Column 1) (Column 2) (Column 3) SMALL ENTITY OR SMALL ENTITY
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
<( AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus
.. = OR ~ (37 CFR 1.16(i)) x = x =
0 Independent ... -z Minus x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) OR
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
(Column 1) (Column 2) (Column 3)
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
Ill AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus .. = x = OR ~ (37 CFR 1.16(i))
x =
0 Independent Minus ... = z x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
OR FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
* If the entry in column 1 is less than the entry in column 2, write "O" in column 3. ** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
*** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the appropriate box in column 1.
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IN THE UNITED STATES PA TENT AND TRADEMARK OFFICE
ln re application of;
Stephen HODGE
Appl. No.: 13/584,295
Filed: October 13, 2012
For: Voice Message Exchange
Confirmation No.: 1060
Art Unit: 2614
Examiner: To be assigned
Atty. Docket: 3210.0170001
Second Preliminary Amendment Under 37 C.RR. § 1.115
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Sir:
Alail Stop Amendment
In reply to the Notice of Incomplete Reply (Nonprovisional) dated December 27, 2012,
and to the Notice to File Corrected Application Papers ("Notice") dated August 24, 2012,
Applicant submits the following Second Preliminary Amendment Under 37 C.F.R. § 1.115.
It is not believed that extensions of time or fees for net addition of claims are required
beyond those that may otherwise be provided for in documents accompanying this paper.
However, if additional extensions of time are necessary to prevent abandonment of this
application, then such extensions of time are hereby petitioned under 37 C.F.R. § 1.136(a), and
any fees required therefor (including fees for net addition of claims) are hereby authorized to be
charged to our Deposit Account No. 19-0036.
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- 2 - Stephen Hodge Appl. No. 13/584,295
Amendnients to the Drawings
Submitted herewith is one 0) sheet of a Replacement drawing with Fig. 2 corresponding
to the above-captioned application. The sheet of Replacement drawing is to replace the informal
drawing for Fig. 2 as originally filed on August 13, 2012, and subsequently filed on
December 20, 2012. Identification of the drawing is provided in accordance with 37 C.F.R. §
L84(c), Acknm.,vledgment of the receipt, approval, and entry of this drawing into this
Application is respectfully requested.
Atty. Dkt. No. 3210,0170001
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- 3 -
Remarks
Stephen Hodge Appl. No. 13/584,295
The Notice to File Corrected Application Papers indicated that Figures 1, 2, and 3 were
not acceptable for allegedly containing informalities. Notice, p. 1. A reply to the Notice
submitting three (3) sheets of Replacement drawings to replace originally-filed Figures 1, 2, and
3 was filed December 20, 2012. Although Figs. 1 and 3 were accepted, a Notice of Incomplete
Reply was issued December 27, 2012, objecting to Fig. 2 as allegedly containing informal
markings. Attached hereto, Applicant respectfully submits one (1) sheet of a Replacement
Drawing to replace previously filed Fig. 2. This drawing is compliant with PTO requirements
and addresses the informalities identified. Thus, its entry is respectfully requested.
Conclusion
Prompt and favorable consideration of this Preliminary Amendment is respectfully
requested. Applicant believes the present application is in condition for allowance. If the
Examiner believes, for any reason, that personal communication will expedite prosecution of this
application, the Examiner is invited to telephone the undersigned at the number provided.
1100 New York Avenue, N.W. Washington, D.C. 20005-3934 (202) 371-2600
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
Michael D. Specht Attorney for Applicant Registration No. 54,463
1628740
Atty. Dkt. No. 3210,0170001
Page 78
Electronic Patent Application Fee Transmittal
Application Number: 13584295
Filing Date: 13-Aug-2012
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Filer: Lauren Carl Schleh/Regina Russell
Attorney Docket Number: 3210.0170001
Filed as Small Entity
Utility under 35 USC 111 (a) Filing Fees
Description Fee Code Quantity Amount Sub-Total in
USO($)
Basic Filing:
Pages:
Claims:
Miscellaneous-Filing:
Petition:
Patent-Appeals-and-Interference:
Post-Allowance-and-Post-Issuance:
Extension-of-Time:
Extension - 3 months with $285 paid 2253 1 360 360
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Electronic Acknowledgement Receipt
EFSID: 14774009
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Lauren Carl Schleh/Regina Russell
Filer Authorized By: Lauren Carl Schleh
Attorney Docket Number: 3210.0170001
Receipt Date: 23-JAN-2013
Filing Date: 13-AUG-2012
Time Stamp: 17:32:26
Application Type: Utility under 35 USC 111 (a)
Payment information:
Submitted with Payment yes
Payment Type Credit Card
Payment was successfully received in RAM $360
RAM confirmation Number 5024
Deposit Account
Authorized User
File Listing:
Document I Document Description I
File Name I
File Size( Bytes)/ I Multi I Pages Number Message Digest Part /.zip (if appl.)
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3210_0170001_Response_to_N 659436
1 otice_to_File_Corrected_Applir yes 6 ation_Papers.pdf 04cb9042952ed09fc9eae8df97026544e23
145e
Multipart Description/PDF files in .zip description
Document Description Start End
Miscellaneous Incoming Letter 1 1
Extension of Time 2 2
Preliminary Amendment 3 3
Applicant Arguments/Remarks Made in an Amendment 4 5
Drawings-only black and white line drawings 6 6
Warnings:
Information:
30254
2 Fee Worksheet (SB06) fee-info.pdf no 2 5ce334fffeb29ad25a0f0161c678457a1 bd4
73bb
Warnings:
Information:
Total Files Size (in bytes) 689690
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 A~~lications 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 A~~lication 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/E0/903 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 A~~lication 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 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) 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.
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MICHAEL D. SPECHT
DIRECTOR
(202) 772-8756 [email protected]
January 23, 2013
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Conf_irmation No. LfJ..§0 Art Unit 2614
Attn: Mail Stop Missing Parts
Re: U.S. Utility Patent Application Appl. No. 13/584,295; Filing Date: August 13, 2012 For: Voice Message Exchange Inventors: HODGE et al. Our Ref: 3210.0170001
Commissioner:
In reply to the "Notice to File Corrected Application Papers," dated August 24, 2012, Applicants transmit the following documents for appropriate action by the U.S. Patent and Trademark Office:
1. Online Credit Card Payment Authorization for $360 to cover:
$645.00 fee under 37 C.F.R. §l.l 7(a)(3) for three months extension less $285.00 previously paid December 20, 2012;
2. Petition for Extension of Time Under 37 C.F.R. § 1.136(a);
3. Second Preliminary Amendment Under 37 C.F.R. § 1.115; and
4. One Sheet of Replacement Drawing (Figure 2).
The above-listed documents are filed electronically through EFS-Web.
In the event that extensions of time are necessary to prevent abandonment of this patent application, then such extensions of time are hereby petitioned. The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to our Deposit Account No. 19-0036.
MDS/LCS/rr Enclosures
··:::. :··:.·, . :=::·-
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
~\Y~::>~L~ Michael D. Specht Attorney for Applicants Registration No. 54,463
1628719
.:.: .... ,.:.· .. ·. ,· .. .:. :~ : .: .. :=~ ... -: · .. · .· .. ·. ::
Page 84
PTO/SB/22 (10-12) Approved for use through 1/31/2013. OMB 0651-0031
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 dis~)lavs a valid OMB control number.
Docket Number (Optional) ~
PETITION FOR EXTENSION OF TIME UNDER 37 CFR 1.136(aj 3210.0170001 Application Number
13/584,295 I Filed l August 13, 2012 '
For Voice Message Exchange
Art Unit I Examiner
To Be Assigned 2614
This is a request under the provisions of 37 CFR 1.136(a) to extend the period for filing a reply in the above-identified application.
The requested extension and fee are as follows (check time period desired and enter the appropriate fee below):
Fee Small Entit~ Fee
D One month (37 CFR 1.17(a)(1)) $150 $75 $
D Two months (37 CFR 1.17(a)(2)) $570 $285 $
[XJ Three months (37 CFR 1.17(a)(3)) $1,290 $645 $ 360.00
D Four months (37 CFR 1.17(a)(4)) $2,010 $1,005 $
D Five months (37 CFR 1.17(a)(5)) $2,730 $1,365 $
D Applicant claims small entity status. See 37 CFR 1.27.
D A check in the amount of the fee is enclosed. '
D Payment by credit card. Form PT0-2038 is attached.
D The Director has already been authorized to charge fees in this application to a Deposit Account.
[XJ The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to
Deposit Account Number .................... J.2.::QQ~§ ...................... · IX] Payment made via EFS-Web.
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 PT0-2038.
i am the
D applicant/inventor.
D assignee of record of the entire interest. See 37 CFR 3.71. 37 CFR 3.73(b} statement is enclosed (Form PTO/SB/96).
IX] attorney or agent of record. Registration number .... ""·---------------~:!-1:!-§~---------"""""""""_, D attorney or agent acting under 37 CFR 1.34. Registration number .................................................................... ·
\ l:: 0 c) ~-~~~~,~--~) c: .. ""·\ Q:x \ / L ·:; ) l ---~ \." . ~~:~~~ ..... ~-.:-~~----------------~~~---------------.~~~~-~.-.... ---.-.---------------- -.--.-.---.-.---.-.---.-.-------.---------.-.--- ... -, .............................. ~ ............. t_-_ ........................ --.----~~~~~~~~----------------------------.-.------.-.----.-----.-.-------------
Signature ~ ' Date
_________________________________________ Mt~.h~~.LR.'. ... SP~£ht ____ , ____ ,____________________ _ _______________________________________ £~Q~}}.ZL~~~QQ _______________ , _______________________ _ Typed or printed name Telephone Number
NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and certifications. Submit multiple forms if more than one signature is required, see below*.
[ ,,,,,,,,g ____ ~-~~~~'.-~~::::::::::::::::::::::::::::::::::::::.~i.~~-~--~~~-~~-~~itted.: .. . .. ::::::::::::::::::::::::::::::::::::::::.... ..... . . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 This collection of information is required by 37 CFR 1.136(a). 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 6 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: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
1628730
Page 85
PATENT APPLICATION FEE DETERMINATION RECORD Application or Docket Number
Substitute for Form PT0-875 13/584,295
APPLICATION AS FILED - PART I OTHER THAN
(Column 1) (Column 2) SMALL ENTITY OR SMALL ENTITY
FOR NUMBER FILED NUMBER EXTRA RATE($) FEE($) RATE($) FEE($)
BASIC FEE N/A N/A N/A 98 N/A (37 CFR 1.16(a), (b), or (c))
SEARCH FEE N/A N/A N/A 310 N/A (37 CFR 1.16(k), (i), or (m))
EXAMINATION FEE N/A N/A N/A 125 N/A (37 CFR 1.16(0), (p), or (q))
TOTAL CLAIMS 20 (37 CFR 1.16(i))
minus 20= x 31 = 0.00 OR
INDEPENDENT CLAIMS 2 minus 3 = x 125 = 0.00 (37 CFR 1.16(h))
If the specification and drawings exceed 100 APPLICATION SIZE sheets of paper, the application size fee due is FEE $31 O ($155 for small entity) for each additional 0.00 (37 CFR 1.16(s)) 50 sheets or fraction thereof. See 35 U.S.C.
41 (a)(1 )(G) and 37 CFR 1.16(s).
MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j)) 0.00
* If the difference in column 1 is less than zero, enter "O" in column 2. TOTAL 533 TOTAL
APPLICATION AS AMENDED - PART II
OTHER THAN
(Column 1) (Column 2) (Column 3) SMALL ENTITY OR SMALL ENTITY
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
<( AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus
.. = OR ~ (37 CFR 1.16(i)) x = x =
0 Independent ... -z Minus x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) OR
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
(Column 1) (Column 2) (Column 3)
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
Ill AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus .. = x = OR ~ (37 CFR 1.16(i))
x =
0 Independent Minus ... = z x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
OR FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
* If the entry in column 1 is less than the entry in column 2, write "O" in column 3. ** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
*** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the appropriate box in column 1.
Page 86
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
APPLICATION NUMBER FILING OR 3 71 (C) DATE FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE
13/584,295 08/13/2012
26111 STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Stephen HODGE 3210.0170001
CONFIRMATION N0.1060
FORMALITIES LETTER
111111111111111111111111]~!l]~~1~~1~~HUl~~1Htl 11111111111111111111111
Date Mailed: 12/27/2012
NOTICE OF INCOMPLETE REPLY (NONPROVISIONAL)
Filing Date Granted
The U.S. Patent and Trademark Office has received your reply on 12/20/2012 to the Notice to File Missing Parts (Notice) mailed 08/24/2012 and it has been entered into the nonprovisional application. The reply, however, does not include the following items required in the Notice. A complete reply must be timely filed to prevent ABANDONMENT of the above-identified application. Replies should be mailed to: Mail Stop Missing Parts, Commissioner for Patents, P.O. Box 1450, Alexandria VA 22313-1450.
Applicant is given TWO MONTHS from the date of the Notice to File Missing Parts (Notice) mailed 08/24/2012 within which to file all required items and pay any fees required below to avoid abandonment. Extensions of time may be obtained by filing a petition accompanied by the extension fee under the provisions of 37 CFR 1.136(a).
Items Required to Avoid Abandonment:
The required items noted below SHOULD be filed along with any items required above. The filing date of this nonprovisional application will be the date of receipt of the items required above.
The application is informal since it does not comply with the regulations for the reason(s) indicated below.
The required item(s) identified below must be timely submitted to avoid abandonment:
•Replacement drawings in compliance with 37 CFR 1.84 and 37 CFR 1.121 (d) are required. The drawings submitted are not acceptable because:
•The drawings must be reasonably free from erasures and must be free from alterations, overwriting, interlineations, folds, and copy marks. See Figure(s) 2.
Applicant is cautioned that correction of the above items may cause the specification and drawings page count to exceed 100 pages. If the specification and drawings exceed 100 pages, applicant will need to submit the required application size fee.
page 1of2
Page 87
Replies must be received in the USPTO within the set time period or must include a proper Certificate of Mailing or Transmission under 37 CFR 1.8 with a mailing or transmission date within the set time period. For more information and a suggested format, see Form PTO/SB/92 and MPEP 512.
Replies should be mailed to:
Mail Stop Missing Parts Commissioner for Patents P.O. Box 1450 Alexandria VA 22313-1450
Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web. https ://sportal. uspto .gov/authenticate/ AuthenticateUserlocal EP F. htm I
For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-217-9197 or visit our website at http://www.uspto.gov/ebc.
If you are not using EFS-Web to submit your reply, you must include a copy of this notice.
/mabebe/
Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
page 2 of 2
Page 88
MICHAEL D. SPECHT
DIRECTOR
(202) 772-8756 [email protected]
December 20, 2012
·.··:· .. ··.·· . . ··'• -:··::·-···. · ....
Commissioner for Patents PO Box 1450
f:onfirmation Np_. 1 fl6J!.
Alexandria, VA 22313-1450 Art Unit 2614
Attn: Mail Stop Missing Parts
Re: U.S. Utility Patent Application Appl. No. 13/584,295; Filing Date: August 13, 2012 For: Voice Message Exchange Inventors: HODGE et al. Our Ref: 3210.0170001
Commissioner:
In reply to the "Notice to File Corrected Application Papers," dated August 24, 2012, Applicants transmit the following documents for appropriate action by the U.S. Patent and Trademark Office:
1. Online Credit Card Payment Authorization for $285 to cover:
$285.00 fee under 37 C.F.R. §1.17(a)(l);
2. Petition for Extension of Time Under 37 C.F.R. §1.136(a);
3. Preliminary Amendment Under 37 C.F.R. § 1.115; and
4. 3 Sheets of Replacement Drawings (Figures 1-3).
The above-listed documents are filed electronically through EFS-Web.
In the event that extensions of time are necessary to prevent abandonment of this patent application, then such extensions of time are hereby petitioned. The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to our Deposit Account No. 19-0036.
MDS/LCS/rr Enclosures
=:\:::: .·.-... ·.·.·.-.. · .:(:.:. = .. ::'.., ... :··.·:····, · .. ,' : ...... : : ...
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
Michael D. Specht Attorney for Applicants Registration No. 54,463
· .. ·.·. ·.· .. : · .. ·. . . . .· .. : -~:· •, .:
1596522
· .. ·.:;···:
Page 89
PTO/SB/22 (10-12) Approved for use through 1/31/2013. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Pa~>erwork Reduction Act of 1995 no ::>ersons are reGuired to resoond to a collection of information unless it dis(llavs a valid OMB control number
Docket Number (Optional)
PETITION FOR EXTENSION OF TIME UNDER 37 CFR 1.136(a} 3210.0170001 Application Number
13/584,295 I Filed August 13, 2012
For Voice Message Exchange
Art Unit I Examiner
To Be Assigned 2614
This is a request under the provisions of 37 CFR 1.136(a) to extend the period for filing a reply in the above-identified application.
The requested extension and fee are as follows (check time period desired and enter the appropriate fee below):
Fee Small Entity Fee
D One month (37 CFR 1.17(a)(1)) $150 $75 $
[Kl Two months (37 CFR 1.17(a)(2)) $570 $285 $ 285.00
D Three months (37 CFR 1.17(a)(3)) $1,290 $645 $
D Four months (37 CFR 1.17(a)(4 )) $2,010 $1,005 $
D Five months (37 CFR 1.17(a)(5)) $2,730 $1,365 $
D Applicant claims small entity status. See 37 CFR 1.27.
D A check in the amount of the fee is enclosed.
D Payment by credit card. Form PT0-2038 is attached.
D The Director has already been authorized to charge fees in this application to a Deposit Account.
[X] The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to
Deposit Account Number --·--·------·J.2::QQ.'.?§ ..................... .
[Kl Payment made via EFS-Web.
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 PT0-2038.
I am the
D applicanUinventor.
0 assignee of record of the entire interest. See 37 CFR 3.71. 37 CFR 3.73(b} statement is enclosed (Form PTO/SB/96).
[Kl attorney or agent of record. Registration number ........................ ~4_,_4§? ........... ________ _, 0 attorney or agent acting under 37 CFR 1.34. Reg1strat1on number·---------·---·----------··················----···········.
······················----------·Mt~h.~~J .. !2: .. §P.~£hL ............................ . ·······~····················--j~Q~) 3 71 ~2~.QQ._ __ ~·························· Typed or printed name Telephone Number
NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and certifications. Submit multiple forms if more than one si~;nature is required, see below*.
l:::::::::Q.:::::~~~~~::~~:::::::::::::::::::::::::: ::~:~~::~~~: su~~~~d. . ... =· ···············································=·····················=·········································] This collection of information is required by 37 CFR 1.136(a). The information is required to obtain or retain a benefit by the public, which is to file (and by the USPfO 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 6 minutes to complete, including gathering, preparing, and submitting the completed application form to the US PTO. 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: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
1618982
'
Page 90
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re application of:
Stephen HODGE
Appl. No.: 13/584,295
Filed: October 13, 2012
For: Voice Message Exchange
Confirmation No,; 1060
Art Unit: 2614
Examiner: To be assigned
Atty. Docket: 3210.0170001
Preliminary Amendment Under 37 C.F.R. § 1.115
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Sir:
,Uail Stop Aniendnient
In reply to the Notice to File Corrected Application Papers ("Notice") dated August 24,
2012, Applicant submits the follov,;ing Preliminary Amendment Under 3 7 C.F.R. § 1.115.
It is not believed that extensions of time or fees for net addition of clairns a.re required
beyond those that may otherwise be provided for in documents accompanying this paper.
However, if additional extensions of time are necessary to prevent abandonment of this
application, then such extensions of time are hereby petitioned under 37 C.F.R § L136(a), and
any fees required therefor (including fees for net addition of claims) are hereby authorized to be
charged to our Deposit Account No. 19-0036,
Page 91
- 2 -
Amendments to the Drawings
Stephen Hodge Appl. No. 13/584,295
Submitted herewith are three (3) sheets of Replacement drawings with Figures 1, 2, and 3
corresponding to the above-captioned application. The three (3) sheets of Replacement drawings
are to replace the informal drawings for Figures 1, 2, and 3 as filed on August 13, 2012.
Identification of the drawings is provided in accordance with 37 C.F.R. § l.84(c).
Acknowledgment of the receipt, approval, and entry of these drawings into this Application is
respectfully requested.
Atty. Dkt. No. 3210.0170001
Page 92
- 3 -
Remarks
Stephen Hodge Appl. No. 13/584,295
The Notice to File Corrected Application Papers indicated that Figures 1, 2, and 3 were
not acceptable for allegedly containing informalities. Notice, p. 1. Attached hereto, Applicant
respectfully submits three (3) sheets of Replacement drawings to replace originally-filed Figures
1, 2, and 3. These replacement drawings are compliant with the Notice, and do not introduce
new matter. Thus, their entry is respectfully requested.
Conclusion
Prompt and favorable consideration of this Preliminary Amendment is respectfully
requested. Applicant believes the present application is in condition for allowance. If the
Examiner believes, for any reason, that personal communication will expedite prosecution of this
application, the Examiner is invited to telephone the undersigned at the number provided.
1100 New York Avenue, N.W. Washington, D.C. 20005-3934 (202) 371-2600
1596477_2
Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
Atty. Dkt. No. 3210.0170001
Page 93
Inventors: HODGE et al. Appl. No. 13/584,295 Sheet I of3 REPLACEMENT SHEET
Site Platform 103
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Page 94
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Page 96
Electronic Patent Application Fee Transmittal
Application Number: 13584295
Filing Date: 13-Aug-2012
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Filer: Lauren Carl Schleh/Regina Russell
Attorney Docket Number: 3210.0170001
Filed as Small Entity
Utility under 35 USC 111 (a) Filing Fees
Description Fee Code Quantity Amount Sub-Total in
USO($)
Basic Filing:
Pages:
Claims:
Miscellaneous-Filing:
Petition:
Patent-Appeals-and-Interference:
Post-Allowance-and-Post-Issuance:
Extension-of-Time:
Extension - 2 months with $0 paid 2252 1 285 285
Page 97
Electronic Acknowledgement Receipt
EFSID: 14522075
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Lauren Carl Schleh/Regina Russell
Filer Authorized By: Lauren Carl Schleh
Attorney Docket Number: 3210.0170001
Receipt Date: 20-DEC-2012
Filing Date: 13-AUG-2012
Time Stamp: 09:26:35
Application Type: Utility under 35 USC 111 (a)
Payment information:
Submitted with Payment yes
Payment Type Credit Card
Payment was successfully received in RAM $285
RAM confirmation Number 15088
Deposit Account
Authorized User
File Listing:
Document I Document Description I
File Name I
File Size( Bytes)/ I Multi I Pages Number Message Digest Part /.zip (if appl.)
Page 99
321O_Ol70001_Reply_to_Notic 684362
1 e_to_File_Corrected_Applicati yes 8 on_Papers.pdf 97ab9e149c8288487a5665cf5f621 c28d505
6324
Multipart Description/PDF files in .zip description
Document Description Start End
Applicant Response to Pre-Exam Formalities Notice 1 1
Extension of Time 2 2
Preliminary Amendment 3 5
Drawings-only black and white line drawings 6 8
Warnings:
Information:
30171
2 Fee Worksheet (SB06) fee-info.pdf no 2 1 c 778b52892bcd 1 faf8765 2b63 ba 55 54cfb~
5d86
Warnings:
Information:
Total Files Size (in bytes) 714533
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 A~~lications 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 A~~lication 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/E0/903 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 A~~lication 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 181 O), a Notification of the International Application Number and of the International Filing Date (Form PCT/R0/1 OS) 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.
Page 100
PATENT APPLICATION FEE DETERMINATION RECORD Application or Docket Number
Substitute for Form PT0-875 13/584,295
APPLICATION AS FILED - PART I OTHER THAN
(Column 1) (Column 2) SMALL ENTITY OR SMALL ENTITY
FOR NUMBER FILED NUMBER EXTRA RATE($) FEE($) RATE($) FEE($)
BASIC FEE N/A N/A N/A 95 N/A (37 CFR 1.16(a), (b), or (c))
SEARCH FEE N/A N/A N/A 310 N/A (37 CFR 1.16(k), (i), or (m))
EXAMINATION FEE N/A N/A N/A 125 N/A (37 CFR 1.16(0), (p), or (q))
TOTAL CLAIMS 20 (37 CFR 1.16(i))
minus 20= x 30 = 0.00 OR
INDEPENDENT CLAIMS 2 minus 3 = x 125 = 0.00 (37 CFR 1.16(h))
If the specification and drawings exceed 100 APPLICATION SIZE sheets of paper, the application size fee due is FEE $31 O ($155 for small entity) for each additional 0.00 (37 CFR 1.16(s)) 50 sheets or fraction thereof. See 35 U.S.C.
41 (a)(1 )(G) and 37 CFR 1.16(s).
MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j)) 0.00
* If the difference in column 1 is less than zero, enter "O" in column 2. TOTAL 530 TOTAL
APPLICATION AS AMENDED - PART II
OTHER THAN
(Column 1) (Column 2) (Column 3) SMALL ENTITY OR SMALL ENTITY
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
<( AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus
.. = OR ~ (37 CFR 1.16(i)) x = x =
0 Independent ... -z Minus x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j)) OR
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
(Column 1) (Column 2) (Column 3)
CLAIMS HIGHEST REMAINING NUMBER PRESENT
RATE($) ADDITIONAL
RATE($) ADDITIONAL
Ill AFTER PREVIOUSLY EXTRA FEE($) FEE($) I- AMENDMENT PAID FOR z w Total Minus .. = x = OR ~ (37 CFR 1.16(i))
x =
0 Independent Minus ... = z x = OR x = w (37CFR 1.16(h))
~ Application Size Fee (37 CFR 1.16(s)) <(
OR FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
TOTAL OR
TOTAL ADD'L FEE ADD'L FEE
* If the entry in column 1 is less than the entry in column 2, write "O" in column 3. ** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
*** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3". The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the appropriate box in column 1.
Page 101
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
APPLICATION NUMBER FILING OR 3 71 (C) DATE FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE
13/584,295 08/13/2012
26111 STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Stephen HODGE 3210.0170001
CONFIRMATION N0.1060 FORMALITIES LETTER
111111111111111111111111]~!l]~~1~~1~~H~ i1H~~1111111111111111111111111 Date Mailed: 08/24/2012
NOTICE TO FILE CORRECTED APPLICATION PAPERS
Filing Date Granted
An application number and filing date have been accorded to this application. The application is informal since it does not comply with the regulations for the reason(s) indicated below. Applicant is given TWO MONTHS from the date of this Notice within which to correct the informalities indicated below. Extensions of time may be obtained by filing a petition accompanied by the extension fee under the provisions of 37 CFR 1.136(a).
The required item(s) identified below must be timely submitted to avoid abandonment:
•Replacement drawings in compliance with 37 CFR 1.84 and 37 CFR 1.121 (d) are required. The drawings submitted are not acceptable because:
•The drawings must be reasonably free from erasures and must be free from alterations, overwriting, interlineations, folds, and copy marks. See Figure(s) All.
Applicant is cautioned that correction of the above items may cause the specification and drawings page count to exceed 100 pages. If the specification and drawings exceed 100 pages, applicant will need to submit the required application size fee.
page 1of2
Page 102
Replies should be mailed to:
Mail Stop Missing Parts Commissioner for Patents P.O. Box 1450 Alexandria VA 22313-1450
Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web. https ://sportal. uspto .gov/authenticate/ AuthenticateUserlocal EP F. htm I
For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-217-9197 or visit our website at http://www.uspto.gov/ebc.
If you are not using EFS-Web to submit your reply, you must include a copy of this notice.
/tmelesse/
Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
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Page 103
APPLICATION NUMBER
13/584,295
26111
FILING or 37l(c)DATE
08/13/2012
GRPART
UNIT
2614 FIL FEE REC'D
530
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. 1100 NEW YORK AVENUE, N.W. WASHINGTON, DC 20005
Ul\TfED STATES DEPA RTME'IT OF COMMERCE United States Patent and Trademark Office Adm"'· COMMISSIO'JER FOR PATENTS
PO Box 1450 Alexandria, Virgmia 22313-1450 \VVi\V.USpto.gov
ATTY.DOCKET.NO TOT CLAIMS IND CLAIMS
3210.0170001 20 2 CONFIRMATION N0.1060
FILING RECEIPT
111111111111111111111111]~!l]~~1~~1~~H~ i1H~1111111111111111111111111111
Date Mailed: 08/24/2012
Receipt is acknowledged of this non-provisional patent application. The application will be taken up for examination in due course. Applicant will be notified as to the results of the examination. Any correspondence concerning the application must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
Applicant( s) Stephen HODGE, Aubry, TX; David Woody, Allen, TX;
Power of Attorney: None
Domestic Priority data as claimed by applicant This application is a CON of 11/045,590 01/28/2005 PAT 8243891
Foreign Applications (You may be eligible to benefit from the Patent Prosecution Highway program at the USPTO. Please see http://www.uspto.gov for more information.)
Permission to Access - A proper Authorization to Permit Access to Application by Participating Offices (PTO/SB/39 or its equivalent) has been received by the USPTO.
If Required, Foreign Filing License Granted: 08/22/2012
The country code and number of your priority application, to be used for filing abroad under the Paris Convention, is US 13/584,295
Projected Publication Date: To Be Determined - pending completion of Corrected Papers
Non-Publication Request: No
Early Publication Request: No ** SMALL ENTITY **
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Page 104
Title
Voice Message Exchange
Preliminary Class
379
PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing of patent applications on the same invention in member countries, but does not result in a grant of "an international patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent protection is desired.
Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country in accordance with its particular laws. Since the laws of many countries differ in various respects from the patent law of the United States, applicants are advised to seek guidance from specific foreign countries to ensure that patent rights are not lost prematurely.
Applicants also are advised that in the case of inventions made in the United States, the Director of the US PTO must issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application serves as a request for a foreign filing license. The application's filing receipt contains further information and guidance as to the status of applicant's license for foreign filing.
Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish to consult the U.S. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative, this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may call the U.S. Government hotline at 1-866-999-HAL T (1-866-999-4158).
GRANTED
LICENSE FOR FOREIGN FILING UNDER
Title 35, United States Code, Section 184
Title 37, Code of Federal Regulations, 5.11 & 5.15
The applicant has been granted a license under 35 U.S.C. 184, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
page 2 of 3
Page 105
set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under 37 CFR 5.13 or 5.14.
This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This license is not retroactive.
The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter as imposed by any Government contract or the provisions of existing laws relating to espionage and the national security or the export of technical data. Licensees should apprise themselves of current regulations especially with respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of Treasury (31 CFR Parts 500+) and the Department of Energy.
NOT GRANTED
No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12, if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed from the filing date of this application and the licensee has not received any indication of a secrecy order under 35 U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
Select USA
The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for business investment, innovation and commercialization of new technologies. The USA offers tremendous resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
works to encourage, facilitate, and accelerate business investment. To learn more about why the USA is the best country in the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
page 3 of 3
Page 106
Doc Code: PD.TO.AUTH Document Description: Authorization to access Appl. by Trilateral Office
PTO/SB/39 (07-09) Approved for use through 07/31/2012. OMB 0651-0031
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 OMS control number.
r AUTHORIZATION TO PERMIT ACCESS TO APPUCATION BY PART~C~PATING OFFICES
Send completed form to: Commissioner for Patents P.O. Box 1450, Alexandria, VA22313-1450
~---·------. .f...-O_..M,...PL_.E-...T£'--/F~.KN-O_Wl_r_; __________ ~ .~1le!J£~!I~n Number To be asskned ~~~~~~!!~~~ .. ~-~.~~--+~A~u=~~~u=s~t~1~3~'=2~0~1~2~~-~-~
~F_i_rs_t_N_a_m_e_d_l_n_v_en_t_o_r ___ ~.-S!.~1?.Q.~!L!!QQ.QJL."""~""~ ~"'""~"'it,.,):r,_._n.,.lf}..._,,vo""o'>'~"";;;,,.,r;t""N""1u=<m~M"":.r,___....""·~"":/,.;JwH.,;.;,.;.,rwn1.,.;7,_,d.,,,·m""fil ... -. ..... , .............. .__ .. ,
Title . Voice Message Exchange {REmuired!
The undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO), and any other intellectual property offices in which a foreign application claiming priority to the above-identified patent application is filed access to the above-identified patent application. See 37 CFR 1.14(c) and (h).
In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy of the above-identified application with respect to: 1) the above-identified patent application-as-filed; 2) any foreign application to which the above-identified patent application claims priority under 35 U.S.C. 119(a)-(d) if a copy of the foreign application that satisfies the certified copy requirement of 37 CFR 1.55 has been filed in the aboveidentified patent application; and 3) any U.S. application-as-filed from which benefit is sought in the aboveidentified patent application.
In accordance with 37 CFR 1.14(c), access may be provided to information concerning the date of filing the Authorization to Permit Access to Application by Participating Offices.
This written authorization should be submitted prior to the filing of a subsequent foreign application, in which priority is claimed to the above-identified patent application, with any intellectual property office (e.g., the EPO, JPO, KIPO, or DAS Accessing Office). However, if applicant does not wish the EPO, JPO, KIPO, WIPO, or other intellectual property office in which a foreign application claiming priority to the aboveidentified patent application is filed to have access to the above-identified patent application, this written authorization should not be filed.
No fee will be charged under 37 CFR 1.19(b )( 1) for providing a participating intellectual property office with an electronic copy of the above-identified patent application.
This form must be signed by an authorized party in accordance with 37 CFR 1.14(c}.
:~;:~:c,..i .. ·~:5/l .. !£~, ~/~·l'~ ~~:~~:::~~~?$ t:~il , AJO .· {i:::~ ~j~f~;/
Attorney for Applicants
Date
(202) 371-2600 Telephone Number
54,463 Title Registration Number, if applicable
This collection of information is required by 37 CFR 1.14{h). 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 6 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, ca/11-800-PT0-9199 and select option 2,
Page 107
, .................... - .................. ,~ .. ········ ................................. .
APPLICATION OAT A SHEET
Electronic Version v 14 Stylesheet Version v14.1
Applicant Information:
Inventor 1:
Applicant Authority Type:
Citizenship: Given Name: Family Name: City of Residence: State of Residence:
Country of Residence: Address-1 of Mailing Address: City of 1\-failing Address:
State of Mailing Address:
Postal Code of lVfaHing Add.n~ss:
Cmmti"Y of Mailing Address:
Applicant Authority Type: Citizenship:
Given Name: Family Name:
City of Residl~nce:
State of Residence:
CmmtJ"Y of Residence:
Address-1 ofM~ailing Address:
City of 1\-'failing Address:
State of lVlailing Address:
Postal Code of J\tfailing Address:
Country of Mailing Address:
Inventor
us Stephen
HODGE
Aubry
TX us 12184 Fiv1428
Aubry
TX 76227
us
Inventor
us David
WOODY
Allen
TX
us 5807 Rathbone Drive
Allen
TX
75002
us
Page 108
Correspondence Information:
Customer Number: 26111
, Application information: ' 'I'itie ot'lnvenfom: Voice j\fossage Exchange
Application Type: regular, utility
Attorney Docket Number: 3210.0170001
Botanic Information:
Publication Information: Suggested Figure for l}ublication -Suggested Classification -Suggested Te<.~hnology Center -Total Number of Drawing Sheets - 3
~~p~esentati~~ I:formation: I ' practitioner(s) at Customer Number:
26111 *26111 *
*26111 *
as our attomey(s) or agent(s) to prosecute the application identified above, and to transact all business in the United States Patent and Trademark Office connected therewith.
Domestic Priority Information:
This is a Continuation of US Application Number 11/045,590, filed 2005-01-28.
- 2"
Page 109
; roreign Priority Jnformtition:
Assignee Information:
1100 New York Avenue, N.\V. ·washington, D.C. 20005-3934 (202) 371-2600 [email protected]
1569497_1.DOCX
RespectfaHy submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
Page 110
D
DECLARATION FOR UTIUTY OR DESIGN
PA TENT APPUC.A TION (37 CFR 1.63}
Declaration Submitted With Initial Filing
0
I hereby declare that:
Pr0JS!W1 {10-05) Approved for use through 0713112006. OMB0651-0032
U.S. Patent and Traderrark Office; U.S. DEPARTMENT OF COMMERCE ··re ·to.res ndro a coll'-!Ction of i tio!'l unless it ·ns a vaJid OMB control n
Each inventor's residence, mailing addr~ss. and citizenship are as stated below next to their name.
I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter which is claimed and for :which a~~~~!~ .. S.0.1.J~~-~-~-~J~~-~~~~--~{!~~= .......................................................... ww···--·····----'······'·········--····--··--····---·-----·-·------·············1 , ! rOICE MESSAGE EXCHANGE
i "··---··----------------------------·-··------·--·--·--·--·--· .. ·······-----··"···········--------7r-iit"ft0Tii1e7nv'efitiofif'··--·--·-----·----~-·-~·-ttw ~!Sciiication of which
0 is atti:ldwd hen:ito
OR
was filed on {MMIDDNYYY) 01/28/2005 as United States Application Number or PCT lrnemi\!ijoni\!l
Application Number LI __ 1_1_104_s_.s_oo __ __. and was amended on (MM/DDIYYYY) .__ ______ __.I (if applicable}.
I hereby state that I have reviewed and understand the contents of the above identified specification, including the claims, as amended by any amendment specifically referred to above.
I ackno\Medge the duty in disclose information whicl1 is material to patentabi!ity as defi!'md in 37 CFR 1.56, including for t:»::mtinuation-in-part app!h::atir.n1s, material infurmation -.mich became available bet.wen the filing date >Of the prior application • and the national or PCT international filing date oHhe contim.miion-in-part a~lication, ·
I hsreby claim fumign priority bern:>nts under 35 U.S.C. i19(a}{d} or (t), or 365{b} of any fureign app!ication(s} for patent, inventor's or p!ant breeder!i< righ!s ~~te(s}, or 365{a} of any PCT international application which designated at least one country ottiar than the Unrred SW.tes of America, listed below and have also !demified below, by checking the boll:. any foreign applk:ation fO!" patent, !nvenror's or plant breiader's rights cerSSflcate(!i<}, or any PCT in~rnat.iona! application having a filing date before that of the application on '>Vhich priority is daimeo·.L Prior Foreign AppU(:aHon --""""F-Ol'~m""'g-n-.,,F""n""in-.g~Da~~---.,..,.,.--..,P""'ri..,o.....,,ri_ty_~.......,.-c_enm __ ..,,_ ,,.-e-d,..C"'o-p-y""""A-tta-(:"'he-d'""?,,-.t
r':s< eoun
0. . . --. , ______
0:t:gL ....
U.S.
{Page 1 of2]
D D 0 D
D
D D D
This collection d information is required by 35 U.S. C. 115 and 37 a=R 1. 63. The information is required to obtain or retain a benefit by the public Which is 1n file (and by the USPrO 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 lake 21 minutes to complete, including gathering, preparing, and submitting the completed application form to lhe USPTO. Time wiH vary depending upon the individual case. Any commen!s on the amount of time you require to complete this form and.fer suggestions for reducing this burden. should be sent to the Chief Information Offlcer, U.S. Patent and Trademark Office, U.S. Department of Commen;e, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commiss~ner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
If you need assistance completing the fonn, cal/ 1-800-PT0-9199 and :;e/ectoption 2.
Page 111
Direct all oorraspom:lence to: D
PTOISS.01 (10-05) Approved for use thruugh Q7/.$11200S. OMS 0051-0032
U.S. ~"°n! and Trademali< Offire; U.S. DEPARTMENr CF COMMERCE ma ool!eciloo '~"""'lum tlnles$ it cerltl!li!"5 a va<ld OMS • r.
DE CLARA TJO!'J - Utility or Design Patent Application
The address associated with Cummer Number:
Correspondence addrnss ba!ow
r-----------~----~~--~------~-~-------~---------.w~~_...~,....,_~-·~-"'""1· Name
Ward&O!iVQ
~~------·---------------------~--,~~~-------------·-------"""""'"~-~---~------· Address 708 Third A11em.1e
City
New Yori<.
Country"""'""'"'"'"""'"""'""""'"
United States
New York
ZIP
10017
, Telephone ,, I Email
1(212} 697-6262 -------~~'-" ___ ,,,_m_a_i1_@_wa_r_c:to_1_ivo_.co_m ________ -i
WARNL"fG: Petiiioner!applicant :s cautioned to avoid submitting personal information in documentlii filed in a pat.ant application ihat may e1;>11bibut9 to ide11tit-1 theft Parsi::ma! information such as &1cial secunty numbef1Si, bank account m.Jrnoora, or credit card numbers (oiher ttr.m a check or crad!t card authorization furm PT0-2038 submitted for payment purpo!Ses) is never required by the USPTO to support a petition or an application_ !f this type of personal lnforrnation is included in documents submitttid ro me US PTO, peiitionerslapplic:ant.s should consider redacting such persona! infom;ation from ihe documents before submit!ing them ro me USPTO_ Petitianeriapp!icanl: is adv~d that tha record of a pamnt application is available to ihe public :arfter publication of me application {unless a non-publication request in compliance with 37 CFR 'I 213(a) is made in the application)
~ or 1SS1Janoo of a patent Furthermore, the re~rd ft-om an abandoned application may also be available m the public if t!l9 application is referenced in a published application or an i$$Ued patent {see 37 CFR 1 _14}. Checks and credit card authorization forms PT0-2008 submitted fur payment purposes are oot retained in ihe application file and therefum are not publicly avaih;11bfe.
I hereby declare that aH s!atemen!s made herein of my QWf'I kno1N!edge are true and !hat all statements made on infum1ation and belief are believed to be true; and further that thesai mwments were made with the kno\ftdedge ttiat willful faise sta.mments and ttm lrke so made are punishable by fine or imprisonment, or both, under i 8 U.S.C. i 001 and that such willful false mwments may jeopardize the validity of the appl!cafion or any patent issued thereon.
NAME OF SOLE OR FIRST ~NVENTOR: . -----~-"---~. J. -... ---·-· -----------·-· .-... ~,-----· .------ _ ______ A :etition has been filed for this unsi ned inveJlb?!, .. ,_. ....... _., __
Given Name (iirat and middle Pf any]} Family Name or Surname
City ~"""~~-~--~ Zip Cm.1ntry
!!------·-----------------· --· _ ITexa~------------------· -.. ·~. _______ _,,_7_6_22_7 _______ __. • ._u_n_it_ed __ s_m_i_es ________________ __
[Page 2 of2]
Page 112
Name of Addi!i2nal Jo~nt_:nv!!!t.*o_r,,...i_f_a_n ...... y_:~------0~~-~·"'-pa~mio-·_· ~r1-h~a~s_bo ___ en_i1_11_ea~. ·-f~~,:::_~_::n_Sl_··g_n_a_a_in_v_em_o-_r_,.."""""-~ ~~-~Giv~· .... e~n_.~N~a~me..._q~ire ....... twa~nMd~m;w· .... d~d_le~JMrr_a_n~i~nw·---- -~~+->F~a~mi!\<Name_o~r_s_u_ma_~_m_e~--------""'--~'~~
David
hwenwf's S.i naturn
Allen
Reside!'!Q!I!: C!!t·
Unit~States
Co1.mw UriiiooStmes
.e.~ensh~iP~.------~-~
~~~-~~~-x..:-~~~~~----------------~-"'-~~~~~
inventor's 1 ,§!~nature f Date
~R,~a~s~~~e~n~ce;;;;;...:C~'ttY~·.__......., ___ _,_ ____________ -""l~s~~;;;;,;;te::......_~~~-~ _] C•~-~--------'[_C.;..w;iliz~en ....... s_hwip~·~· .!t~Jl!!!a.Addre~.-.~---- ~---~-...,.....---------~ ...
1 ~c.._._~·--·-·---------~~·~·-----~~---_._s~ra~·~ta ____ ~------~""""-,.._,z_·~·--·-------------~l-c_o~u~.~~--------~~-Name of Additional Joint !nven_ro~r,_if~a_n_y_:_"------......D ___ A_pe--...titio_. ·_n_h __ a_s_bee __ n_fi~,!~!..-~~~~nsigned inve~--~-~
!nventt>r's Siwi~tu;e
~esi<H>nce: ci
Family Name or Sumame ·~~~----~ ~~~~~__......~~~~--~~~---~
!
f Oat.-! -----08 •-w---~·-1 State l - -~~~__..-......,~--~~~----~~~-l'--"c~Q~un~·~~y~·----~~-------1~£~~~~-~
Ci£ State Coun • "G"lls collection of information is required b'f 35 WS.C. 115 and 3f·<; 1. . The irifomiatii>n is requiroo to obtain Oi retain a benefit b'f the public which is to file (and by the USPTOto process) an application Conlidentiallly is g011emed b'f 35 U.S.C 122 and 37 CFR 1.11and1.14. This collection is estimated to take 21 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. nme wiU vary depending upon the individual case. Any commenls on the amount of time you require ID complete this fom1 andfor wggesticns for reducing this burden, should be sent to the Chief lnfonnation Olricer, 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 1460, Alexandria, VA 22313-1450.
Page 113
[0001]
[0002]
[0003]
VOICE MESSAGE EXCHANGE
CROSS-REFERENCE TO RELATED APPLICATIONS
This application is a continuation of U.S. Patent Application No. 11/045,590, filed
January 28, 2005, entitled "Voice Message Exchange," which is incorporated by
reference herein in its entirety.
FIELD OF INVENTION
The present invention relates generally to the field of telephone communication
systems in penal institutions or similar facilities. In particular, the present invention
relates to a system and method for improving communication between an inmate and a
third party by enabling the inmate to leave a message when a call is not answered and
further allowing the third party who receives the message to reply with a message to the
inmate. Further, the present invention enables authorized third parties to access the
system and leave messages for inmates even if the inmate has not left a message for the
third party.
BACKGROUND OF THE INVENTION
Generally, the need to monitor, control, record and provide detailed records of the
usage of a telephone system in a controlled institutional environment is well recognized.
It is common to utilize a controlled telephone system capable of monitoring outgoing
telephone connections in many types of institutional environments, including penal
institutions, military institutions, hospitals, schools, businesses, specific types of
government institutions, etc.
[0004] The reasons for monitoring and controlling institutional telephone systems are
evident. To prevent such institutions from incurring unaccountable telephone costs, the
institutions must either restrict access to outbound telephone lines or employ a telephone
monitoring system to charge the responsible party for making the outbound
communication. Otherwise, unaccountable telephone costs would severely hinder the
Page 114
[0005]
- 2 -
availability of the telephone systems in institutions. However, the restrictions utilized by
these systems result in overall inefficiency as two-thirds of the attempted calls go
unanswered presenting a problem for both the system's users and the institution.
It is imperative for many institutions to utilize a communication system that
provides an accurate identification means for administrators to determine the individual
responsible for each outbound telephone calL A cmnrnunication system must also
provide a monitoring means for maintaining a useful record of the communication.
Additionally, the system should include a means for restricting access or a means for
providing options to particular users. Considering the number of users in a large
institution, different payment methods available, and the excessive call volume at many
institutions, it is evident that an effective telephone management system is essential.
[0006] Providing telephone systems in specific types of highly restricted institutions,
such as penal institutions, results in the consideration of numerous additional
complicating factors. Generally, the government heavily regulates outbound
communication means in penal institutions. Therefore, communication systems
implemented in penal institutions or similar facilities must meet greater security
requirements often mandated by regulatory bodies affiliated with the county, state, or
federal institution. Thus, the communication system used in a regulated institution must
employ unique functions often unnecessary in other types of institutions.
[0007] In its most general form, a penal institution's telephone system utilizes a call
processor to approve and place a call, surveillance equipment or monitoring equipment,
and a recording device for evidencing the conversation. Generally, these simple systems
are not equipped to restrict an inmate from calling an individual. However, it is
preferable for the call system devices now employed in such institutions to have the
capability to thwart an inmate from calling certain specific individuals or types of
individuals. Systems currently exist capable of controlling calls. It is well documented
that without the necessary constraints on an imnate's use of the telephone system, inmates
have often harassed outside parties or individuals. For example, it is generally preferred
that an inmate be prevented from placing a telephone call to the prosecutor who
prosecuted the inmate's case or another attorney responsible for the sentencing of the
inmate. In another example, it may be preferred that an inmate be prevented from
contacting the victim of the inmate's crime or witnesses from the inmate's case.
Atty. Dkt. No. 3210,0170001
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Additionally, inmates have used previous penal institution call systems to perpetrate
additional criminal activities such as fraudulent schemes or specific criminal conspiracies.
Specifically, inmates have been known to arrange credit card fraud attempts, the
smuggling of contraband into the facility, and have even been known to arrange escape
attempts over the penal institution's telephone system. Therefore, it is critical in an
efficient penal institution to carefully monitor all outgoing telephone calls making a
regulated penal institution telephone system a necessity.
[0008] Another concern in implementing an efficient institution telephone system is cost
[0009]
controL In order for a systern to be cost effective the system must critically monitor and
record the activities of each individual user to properly charge each individual caller fi)r
his or her outgoing calls. Typkally, telephone conununication systems in penal
institutions provide an inmate with a telephone account upon arrival. There are several
options for an irnnate to select \Vith respect to payment on the account. For example, an
inmate may place prior personal earnings into the account. The cost of each call is then
deducted from the total amount in the inmate's account until no balance remains. The
inmate may also choose to utilize collect call ineans. In addition, an inmate may be
assigned a commissary account, where fonds are added to the account based on work
performed by the inmate. As the fonds increase, the inmate _may apply these funds to the
cost of placing telephone calls. The inmate debit account may he located onsite, at a
central office facility, or at a third-party site.
The im11ate's family may alternatively control the inmate debit account. For
example, the inmate's family may control the inmate's access to the debit account either
remotely (e.g., by using the Internet, accessing a toU-free/pay to dial telephone number,
using a mail fom1, etc.) or by visiting the prison facility. The inmate's family may add
fonds to the debit account and thereby control tht.~ call volume allowed to the inrnate.
[0010] Another requirement of a secure telephone management system in a penal
institution is the accurate identification of the telephone ca11 participants. Generally, it is
common in a penal institution to assign each inmate a personal identification number
("PIN"). When an inmate attempts to place a telephone calls the inmate must supply a
valid PIN to gain access to the telephone system. Other systems include requiring
personal information in addition to a PIN to be supplied by the inmate/user. For example,
a user might be prompted to supply a PIN as well as certain information that may only be
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[00111
- 4 -
known to the user. A common example is a request by the call system to provide their
mother's maiden name.
Another required feature of a telephone management system for a penal institution
or similar facility is a means for restricting calls placed by a user (e.g., an inmate). It is
well documented that inmates often try to harass individuals related to their arrest or
confinement, such as judges, prosecutors, witnesses, etc., through telephonic
communications. Penal institutions have attempted to prevent this harassment by
restricting the telephone numbers each inmate is able to access. For example, a system
may utilize a PIN or other identification means to access a list of telephone numbers that
the inmate may not call, or alternatively, the system may access a list of numbers that the
inmate is authorized to connect to (i.e., the inmate can only call the numbers appearing on
the list). Telephone numbers placed on the restricted list can include any individual
related to the conviction (e.g., the arresting police officer, the prosecuting attorney, etc.),
while telephone numbers placed on the permitted list may include, for example, close
family relatives. The system may also limit the amount of time each inmate/user is
permitted to conduct each outbound telephone call through the system. Furthermore,
restrictions may be regularly updated. For example, if an inmate misbehaves, the inmate's
telephone privileges may be further limited or revoked completely.
[0012] Penal institutions are also concerned with monitoring the activities and
communications of inmates. Monitoring telephone activities is necessary to restrict
connections to illegal activities outside of the institution.
[00131 Three existing types of call monitoring techniques are known in the art. The first
[0014]
technique is live monitoring. Live monitoring requires an operator or other individual to
listen to each telephone call and alert the proper authorities if necessary.
The second type of monitoring involves recording the telephone conversation via
a common recording device. A common example is a recording device such as a
magnetic tape drive or a computer hard drive. This rype of monitoring may be continuous
or intermittent depending on the degree of security required for each inmate.
[0015] The third type of monitoring is known as passive monitoring. Passive monitoring
may be activated when certain keywords are spoken. In addition, passive monitoring may
be activated if the telephone call at the termination end is transferred to a third party via
certain known detection means such as silence detection, hook-flash detection, etc.
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[0016] Penal institutions currently record most inmate telephone calls, with the exception
[0017]
of lawyer-inmate communications, which are generally prohibited by law. Typically in
the art, monitoring may occur using any combination of the three methods (e.g., live
monitoring, electronic recording monitoring, or passive monitoring). It can be
advantageous to flag certain individuals in an inmate's profile as highly suspicious. If the
inmate initiates communication with the flagged individual, the system will alert a live
operator to monitor the system. In such a system it is essential that the system correctly
identify the called individual to avoid unnecessary expenditure of live operators.
Alternatively, the inmate telephone call system may utilize a remote alert
notification system wherein the system contacts an operator when a violation has
occurred. The system may contact the operator utilizing telephone means, paging means,
computer means, etc. This notification system may be set to call the operator a limited
number of times or until the alert has been noted in the inmate telephone call system. The
operator may then access information about the alert remotely using the telephone,
Internet, or any other such remote access means.
[0018] In order to alleviate some of the problems and concerns discussed herein, many
penal institutions have implemented certain task-specific advanced systems. Generally,
these "advanced" systems known in the art comprise several features.
[0019] For example, it is known in current systems to employ permanent call blocking.
Specifically, it is known in the art to block an inmate or group of inmates from dialing
certain telephone numbers. Most systems also prevent inmates from talking directly to
live operators. This prevents inmates from requesting that the operator forward a call or
provide additional telephone numbers allowing inmates to harass or locate additional
parties. Furthermore, current systems block "l-800," "1-900" and other like telephone
numbers including toll-free and pay-to-dial telephone numbers. In addition, certain
institutions may elect to block country codes, specific area codes, or other third-party
numbers.
[00201 Current systems known in the art may also utilize a feature commonly referred to
as "selective" call blocking. As discussed, "selective" call blocking may be employed to
thwart inmates from establishing a connection with a selected group of individuals (i.e.,
with the home telephone of prison guards, wardens, indictment witnesses, trial witnesses,
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[0021]
[0022]
- 6 -
police officers, judges, etc.). It is also foreseeable that the telephone numbers of the
family members of these specific individuals may also be blocked.
Some current systems also limit the use of specific long-distance carriers. This
feature proves useful in limiting unnecessary costs incurred by employing alternate
carriers.
Several current systems utilize features commonly referred to as "hook flash"
prevention or "click" and "pop" prevention modes. These systems prevent inmates from
extending the current outgoing telephone call and entering a new telephone call with a
new number without fully terminating the original telephone call. For example, this
feature prevents an inmate from utilizing common call forwarding features and the like.
[0023] In addition, some current institutional telephone systems electronically or
{0024]
f0025J
manually disable the keypad after a telephone number is dialed and the telephone call is
connected. This feature prevents inmates from interacting with telephone games and
lotteries, and in certain older systems, prevents the inmate from achieving an unrestricted
dial tone.
Another common feature employed by institutional systems is three-way call
prevention. This feature prevents an inmate from instructing the called party to bridge the
telephone call to another telephone number.
Other known systems in the art may exhibit other regulatory features. For
example, telephone communication systems generally allow an institution to limit the
duration of a telephone call or to limit the cost of the telephone call. These types of
features further allow a facility to customize the telephone call systems thereby
preventing unrecoverable expenditures.
[0026] Another control used by current institution telephone systems is the use of certain
aspects of biometric recognition for the identification of users or inmates (i.e., the calling
party). It is highly beneficial for communication systems in penal institutions to
incorporate biometrics as an additional security device. Biometric recognition is
commonly available in a number of fields. For example, biometrics recognition has
found a number of security uses, including common usage, in credit card systems and
building security systems. Biometric information includes fingerprints, hand geometry,
voiceprints, retinal patterns, iris scans, signatures, infrared facial patterns, and all other
sources which constitute unique physiological characteristics and which can assist in
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establishing a person's identity. Various devices exist which can scan one or more
biometric characteristics and digitize the information.
[0027] Generally, while much effort has been made to establish controlled inmate
telephonic communication, inmate call management systems are inefficient. Studies have
shown that approximately two-thirds of all calls attempted by an inmate to an outside
party are not answered by a live party (i.e., no answer or an answer by an automated
message machine such as voicemail or an answering machine). These unanswered calls
present a problem for inmates as they often count against their monthly limit thereby
reducing the time available for inmates to talk to such people as family members.
Currently, the Federal Bureau of Prisons (FBOP) has a three hundred (300) minute per
month limit for many inmates. It may take the inmate several attempts to successfully
contact an outside party or the inmate may never successfully contact a desired outside
party.
[0028] Also, inmates and their outside contacts often complain of the difficulty to
communicate via live telephone conversations as they are often several time zones away
from each other. Due to the lack of successful completions of calls (i.e., only one-third of
attempted calls are successful), inmates try to find a way to get around the system
resulting in even more restrictions placed on usage of the system. Additionally, these
unanswered calls present a loss of revenue for ihe institution, as it is difficult to charge for
system usage if the call is not answered.
[0029] A system is thus desirable that provides means for inmates and their families, etc.
to communicate more easily whereby inmates can leave a message for the outside party
when calls are not answered. The system should allow the outside party who receives the
message to reply with a message to the inmate. Also, the system should enable
authorized outside parties to access the system and leave messages for the inmate at any
time even when an inmate has not left a message for the outside party. Not only would
the efficiency of use increase, but also an additional revenue stream for the institution
from the inmates/outside contacts who utilize the system would be generated. However,
due to factors such as government regulations, such a system must be monitored and
controlled in similar manners to current call management systems. The system should
also allow for live talk between the inmate and outside party if the outside party answers
the call, record the conversation as necessary, bill for usage of the system, etc.
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[0030]
- 8 -
One system known in the art discloses an automatic account number validation
and billing management system. The system prompts a user for an account number and
compares the number inputted to a number stored in a database to determine validity. If
the account number is valid and found in the database, the system completes the
predetermined telephonic connection. If the number is not in the database, and therefore
invalid, the system will utilize voice prompts to request re-entry of the number or provide
further instructions. The system attempts to locally automate and simplify the process of
payment for routing calls without live operator assistance, but does not address additional
security concerns that may exist in specific facilities, such as in a penal institution.
Furthermore, it does not provide for protection measures to confirm that the individual
supplying the account number is the individual entitled to the use of the account. In such
a hostile environment as a penal institution, an account number may easily be obtainable
through coercion or by force. The system does not provide any means of monitoring the
conversations taking place or restricting which individuals are accessed by the user.
Additionally, the system does not provide means for voice message exchange resulting in
overall inefficiency.
[0031] Another system known in the art discloses a call management system enabling
prepayment of telephone calls utilizing a debit system. Specifically, a user of the system
obtains a special code by depositing a prepayment. The prepayment is stored in a
database for use in verifying calling party calls. To access the system, a user dials a
special number and inputs a user-specific code for verification followed by the number of
the party to be called. Next, the code is verified by the system. If verification is
successful and sufficient funds are available, the call is connected. The prepayment
amount, minus deductions for the running cost of the call, is tabulated as the call
progresses. The call terminates either when the prepaid funds are exhausted in the user's
account or when either party disconnects. The invention also includes steps to prevent
the same access code from being used at different terminals. However, the system does
not teach a means for selecting the call type or a call monitoring means. It also fails to
teach an advanced verification means specific to a user. Further, it does not teach voice
message exchange if one of the parties is not available.
[0032] Yet another system known in the art teaches a multilingual prepaid telephone
system capable of interfacing with a public switched telephone network (PSTN). In the
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system, each user is assigned a Personal Identification Number (PIN) and a credit
account. A user first dials a number to access the telephone system and chooses a
language for all subsequent voice prompts. The user then supplies a PfN, which is
compared against a list of numbers in a database. If sufficient credit is available for the
duration of a telephone call to the destination number, the connection is completed and a
timer is set for the available duration of the call. The call terminates either when the
allowed amount of time for the call expires or if one party member hangs up the
telephone line. If the latter situation occurs, the system computes a new available credit
balance for the user's account. However, the system fails to provide a selection means for
the user, such as the ability to choose the type of call to be placed (e.g., collect, debit,
international, etc.). H also fails to teach any call monitoring means and would therefore
be unacceptable as a communication system for a penal institution. Additionally, it does
not teach any voice message exchange means.
(0033] Still another system discusses an integrated commissary system for receiving and
processing orders in an institutional setting. The commissary system is designed for use
without access to a PSTN. According to the system, user status and inventory status are
stored in an onsite database. To access the database, a user provides identifier
information and item selections through selected telephones. The selections are
compared against the onsite database using a processor. If the user is authenticated and
the requested items are available, the processor generates transaction records, updates
user commissary information, and correctly adjusts inventory. The updated information
is stored in a file that may be used for record keeping or archival purposes. However, the
system does not teach a commissary system for use with a PSTN or any voice message
exchange means. This system also fails to teach multiple authentication means and would
therefore be unacceptable for use in a penal institution. Additionally, the system does not
include means for voice message exchange making the system inefficient.
(0034] Still a different system known in the art discloses a software process for real-time
call rating and debiting so that a subscriber's account balance is not exceeded. The
method disclosed estimates the time when the user's balance will expire by using the total
charge per second average. The process then dete1mines the time remaining by dividing
the account balance by the average charge per second of all telephone calls, and the time
limit for the call is then set accordingly. This method is useful if the rate for long
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distance calls is not known locally. However, the system does not allow for other types
of calls, such as collect calls, to take place. Further, it fails to provide an advanced call
monitoring apparatus with an advanced authentication apparatus. Also, it fails to teach a
voice message exchange system.
[0035] There is also a system that depicts an automated public telephone control for
charge or collect call billing. The apparatus embodies a microprocessor system
controlling voice prompting, recognition of responses, network signaling, recording of
calling details, and verification of account numbers. The disclosed invention provides for
an automated telephone billing for public telephone systems. The system offers a
plurality of billing methods, such as billing to a credit account number, to the called party
(collect calling), or to a third party. An additional aspect of the invention describes the
recognition of voice utterances from other signals and called party spoken words (i.e., the
system can recognize the word "yes" when spoken by any individual). However, it does
not identify or verify the individual speaking. Furthermore, this system does not provide
a means to identify the user or verify that the user is not partaking in fraudulent activities.
It also fails to teach of a monitoring, call control, and voice message exchange.
[0036] Yet still another system depicts a collect call system that can automatically route
long distance calls without intervention of an outside service or operator. This feature
enables private public telephone owners, as opposed to primary telephone companies, to
receive revenue for completion of the call. The invention comprises the steps of
providing the calling party with voice prompts, receiving voice or dialed signal
information about the calling party in response to the voice prompts, locally recording the
information about the calling party, providing the called party information about the
calling party, and reacting to a variety of provided signals by either the called or calling
party. The system only provides a method and apparatus for placing collect calls. In
addition, it avoids consideration of providing other possible payment methods. The
system disclosed is further limited by its lack of telephone call monitoring ability and
calling party identification means, and is therefore unsuitable for use in penal institutions.
[0037, Still a different system exemplifies the need for a control management and
monitoring system in institutional settings. This system discloses a system for
controlling, monitoring, recording and reporting telephone communications. The system
deals primarily with the identification of a user through use of a PIN and restricting
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telephone commw1ications through a profile accessed by the PIN. The system further
contemplates means for monitoring and recording communications. However, the system
only enables live talk between parties and provides no means for voice message
exchange.
[0038] Even another system is primarily concerned with incorporating an improved
method of monitoring calls. The method includes a means for detecting tones commonly
associated with call bridging and call forwarding attempts. For example, the system is
directed to the detection of tones such as ring signals, busy signals, special information
tones ("SIT"), dual tone multi-frequency ("DTMF") tones, call progress tones or other
similar tones characteristic of the placement of a telephone call. It is limited by detection
of certain sounds, which may not be readily machine-recognizable. For example, it is
foreseeable that interference, background noise, or compressed voice data may inhibit the
detection of the tones. Also, the system does not teach any method for voice message
exchange.
[0039] Another system known in the art describes a system for the verification of a
calling party, called party and a secure connection. The invention includes the costly
requirement of secure telephone devices known in the art. Specifically, the invention
teaches a system wherein the calling and called parties supply voice data, which is
encoded and transmitted over a telephone network. Both users hear the alternate party's
recorded voice data and verify that the supplied voice data is correct. The call is
established only if both parties verify that the called party has provided the correct voice
data. However, it would be too costly to implement such a system in a penal institution
or similar facility. Additionally, the system does not consider possible payment methods
for calls or call management. For example, certain inmates may be entitled to call only a
few particular individuals, A system within penal institutions, or similar facilities, must
include a means for limiting the number of potential called parties and the specific parties
to which inmates can call and provide a means for monitoring inmate call transactions.
[0040] Further, a different system discloses a system to permit users repetitive access to a
multitude of systems. The system requires an initial enrollment phase for access. The
enrollment phase consists of extracting biometric data to be stored for future use. The
format of the data is compatible with a plurality of verification/identification systems.
For example, in one embodiment, it describes a biometric recognition means including
Atty. Dkt. No. 3210.0170001
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voice recognition, fingerprint identification, and retinal scan identification. However, it
does not address restrictions to the system or further monitoring means during use of the
system, which are essential for systems within a penal institution.
[0041] Finally, a system known in the art provides a methodology for a computerized
telecommunications system for voice to text message storage for use in correctional
facilities. This system receives an external message via either voice or text. There are
two storage means: a voice message box or an email inbox. If a voice message is
received, it passes as a regular telephonic voice message is then stored as a voice message
in the voice message box. If instead the storage unit is an email box and a voice message
is received, the voice message is converted to text and the message is then saved. The
reverse happens if the message is a text message and the storage medium is a voice
message box. If a text message is received and the inmate has an email inbox, the text
message is saved as text. The inmate is then notified of t~e new message. This system
can also allow the inmate to send either a text or voice message to an external party. If
the inmate leaves a voice message, no conversion occurs and the message is sent.
However, if an inmate's message is in text form, either a text to voice conversion occurs
before being sent to the outside party or the text message is sent via email to the external
party. This system requires an external party have access to the system to receive a
message sent by an inmate. The external party must constantly check the system to
determine whether they have new messages. Only upon accessing the system is the
external party notified if there are any new messages. Further, the system requires that
the inmate choose either to leave a voice message or attempt a live call. These drawbacks
severely limit the system's functionality making it both inefficient and difficult to
implement into institutional settings.
[0042] In view of the foregoing, there clearly exists a need for an improved method and
apparatus for increasing the efficiency of an institution's telephone call system.
Furthermore, there clearly exists a need for an improved telecommunication system for
use in penal or similar institutions that incorporates the ability to handle calls not
answered by a human, whether the calls are unanswered or answered by an automated
message device. Additionally, the system should allow outside parties to leave messages
for users within the institution. There exists a need in the art to incorporate these new
features to provide a more efficient telecommunication system with the capacity to allow
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an institution to control, bill, record, monitor, and report usage and access to a telephone
network.
S Utvf~i.AR Y OF INVENTION
[0043] The present invention embodies a voice message exchange system for use in
controlled call management systems. One such call management system is found in co
pending United States Application Ser. No. 10/215,367, incorporated in its entirety herein
by reference. The system includes control, monitoring, recording, and reporting means
for an institutional based telecommunication network and may further implement a debit
card platform or other such payment methods. The system of the present invention may
be implemented in a variety of facilities including penal institutions or similar facilities
such as mental institutions, nursing homes, rehabilitation centers, correctional facilities,
government agencies, private and public businesses, and the like.
[0044] The present invention provides inmates with the ability to leave messages when
calls are not answered by the called party (i.e., an automated answering device such as an
answering machine or a voice mailbox answers or the call goes completely unanswered).
Additionally, the present invention allows the called parties (i.e., outside contacts who
receive messages from inmates) to reply with messages to the appropriate inmate. The
present invention is advantageous for both the institution and the inmates. It is not
possible for an institution to charge for unanswered calls. The present invention solves
this problem and thus provides an additional revenue stream for the institution from the
inmates and their contacts that use the system (i.e., reduces the institution's losses on
unanswered calls). From the inmates' perspective, it becomes much easier to
communicate with outside contacts by substantially improving the efficiency of
institutional call management systems. The inmates and outside contacts can maintain
contact when inmate calling schedules conflict with outside contact schedules. Further,
the present invention enables inmates with call limits to leave messages stating when they
can be reached. Advantageously, easier and more efficient communication has been
found to foster less agitated behavior and help in an inmate's rehabilitation process.
f 0045] Institutional call management systems generally require acceptance from the
called party before allowing the caller to communicate with the called party. However, in
current call management systems, when an inmate places a call and a call is answered by
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an automated answering device or the call goes unanswered, the inmate cannot leave a
message because, among other things, the automated answering device cannot enter the
positive acceptance digit required by institutional call management systems (i.e., "If you
would like to accept this call, press 1 . ")- Upon no answer or an ans"\ver by an automated
ansvvering device, the present invention provides the caller (i.e., an inmate) with the
option to leave a message. If the inrnate chooses to record a message, the system
automatically continues contact attempts with the dialed number at set time intervals until
the system successfully makes contact with the caHed party or until a ma"Ximum number
of attempts is reached. If a maximum number of unsuccessful attempts occurs, the
system stores the message and when the called party accesses the system, message
playback takes place.
[00461 Upon making contact with an automated answering device or a live person, the
system plays the message followed by instructions enabling the called party to leave a
return message for the inmate. \\;nen the called party chooses to leave a return message,
the system prompts the called party to enter his or her pre-existing account infonnation or
set up a new account. Once the called party enters the proper account information or sets
up an account, the called party leaves a message after which the inmate is notified. Also,
an outside contact meeting the requirements set fo1ih by the institution for communicating
with an inmate can access the system at any time and leave a message for that inmate.
[0047] Preferably, the appropriate account is charged on a per message basis for usage of
the system. However, several other methods for billing for usage of the system may be
utilized, including, but not limited to, deducting the funds on a length of rnessage basis,
charging a monthly service foe, deducting funds based on a per minute foe, or charging a
monthly base foe plus a deducting funds on a per minute basis. Additionally, prepaid
accounts are preforably created that allows for billing for system usage based on the
aforementioned methods.
[0048] TherefiJre, it is an object of the present invention to provide a more efficient cal!
management system for use in penal institutions and the like.
[0049] It is another object of the present invention to provide a method for allowing
inmates to leave messages for called parties when the caH placed by the inmate is unable
to be completed.
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[0050) Still another object of the present invention is to provide security authentication
for users of the system.
[0051] A different object of the present invention is to enable outside contacts to leave a
message for the inmate.
[0052) Additionally, an object of the present invention is to alert the inmate of a new
message.
[0053] Further, it is an object of the present invention to enable outside contacts to block
calls or messages from an inmate.
[0054] It is also an object of the present invention to monitor and record communication
between an inmate and outside contacts.
[0055] Still a different object of the present invention is to perform a security check on
[0056]
sent and received messages. Yet another object of the present invention is to provide a
billing means for usage of the system.
It is further an object of the present invention to enable outside parties to set up an
account.
[0057] Finally, it is an object of the present invention to enable the voice message system
to be easily incorporated into inmate telecommunication systems.
[0058] Other objects, features, and characteristics of the present invention, as well as
[0059]
methods of operation and functions of the related elements of the structure, and the
combination of parts and economies of manufacture, will become more apparent upon
consideration of the following detailed description with reference to the accompanying
drawings, all of which form part of this specification.
BRIEF DESCRIPTION OF THE DRAWINGS
A further understanding of the present invention can be obtained by reference to a
preferred embodiment set forth in the illustrations of the accompanying drawings.
Although the illustrated embodiment is merely exemplary of systems for carrying out the
present invention, both the organization and method of operation of the invention, in
general, together with further objectives and advantages, thereof, may be more easily
understood by reference to the drawings and the following description. The drawings are
not intended to limit the scope of this invention, which is set forth with particularity in the
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claims as appended or as subsequently amended, but merely to clarify and exemplify the
invention.
[0060] For a more complete understanding of the present invention, reference is now
made to the following drawings in which:
[0061] FIG. 1 depicts a block diagram of an example embodiment of an inmate call
management system according to the present invention.
[0062] FIG. 2 is a flow chart depicting the preferred process of an inmate leaving a voice
message for an external party according to the present invention.
[0063] FIG. 3 is a flow chart depicting the preferred process whereby an external party
[0064]
accesses the system and leaves a voice message for an inmate.
DETAILED DESCRIPTION OF THE DRAWINGS
As required, a detailed illustrative embodiment of the present invention is
disclosed herein. However, techniques, systems and operating structures in accordance
with the present invention may be embodied in a wide variety of forms and modes, some
of which may be quite different from those in the disclosed embodiment. Consequently,
the specific structural and functional details disclosed herein are merely representative,
yet in that regard, they are deemed to afford the best embodiment for purposes of
disclosure and to provide a basis for the claims herein, which define the scope of the
present invention. The following presents a detailed description of the preferred
embodiment of the present invention (in addition to some alternative embodiments).
[0065] Referring first to FIG. 1, depicted is a block diagram of an example inmate call
management system. One of skill in the art will recognize that the voice message
exchange system of the present invention may be incorporated into any call management
system. Additionally, it is foreseeable that the voice management system may be
externally attached to the call management system or incorporated internally into the
system depending on the requirements of the call management system in use. Thus, FIG.
1 is merely an example of a call management system and is not intended to limit the
scope of the present invention.
[0066] Site 100 preferably includes telephonic instruments lOla-n, where "n" is an
integer representative of the number of devices, site platform 103, and administrative
workstation 105. When an inmate wishes to place a call, he or she picks up telephonic
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[0067]
[0068]
- 17 -
instrument lOla-n. The system, prompts for identification information such as a Personal
Identification Number (PIN). Other identification means (not shm.vn) may also be
connected to telephonic instruments lOla-n. Examples of such identification means
include Radio Frequency Identification (RFID) technology and biom~etric identification
means (Le,, fingerprint scanner, retinal scanner, voice analyzer, etc.). Once the system
identifies the inmate, the iim1ate is prompted to dial a number to make a call. Site
platform 103 preferably includes at least one site server and at least one recorder (not
shm.\'11). The recorder is preferably digital and serves two functions. First, the recorder
records the conversations bet\veen an im:nate and a contacted party as is :L"'l.own in the art
Second, the recorder records rnessages left by an inmate or an external party utilizing the
voice message exchange system. The two functions can be performed by the same
recorder or alternatively by two or more recorders (i.e", one for recording conversations
and one for recording messages). The digital recorder preferably connects to a site server
within site platfonn 103. The site server preforably stores information such as
conversations, messages, cal! logs, account status, and other information about the inmate
and contacts.
Administrative workstation 105 com1ects to site platform 103 via connection 107.
Connection 107 is preferably a Local Area Network (LAN) connection, but other
connections are foreseeable. Although only one administrative workstation i 05 is shovvn,
it is contemplated that nrnltiple workstations 105 may be utilized by the system
depending on institutional requirements. Also, while administrative workstation 105 is
shov.rn on site, it is also possible to access site platform 103 via the Internet through a web
browser. \Vorkstation 105 enables an administrator and authorized persom1el to access
account information, monitor calls, perform searches, etc. It js also foreseeable that the
functions controHed by site platform 103 may alternatively be controlled remotely at a
central platform.
Site platform l 03 cmmects to rernote telephonic instruments 111 a-n via
connection 109. Connection 109 may be a Public Switched Telephone Network (PSTN),
Voice over Internet Protocol (VolP) connection, etc. depending on the requirements of
the system. Further, one of skill in the art will recognize that the illustration of
connection 109 is shown in a simplified form.
Atty. Dkt. No. 3210.0170001
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[0069}
- 18 -
FlG. 2 depicts a flow chart illustrating the preferred process whereby an inmate
leaves a voice message for an external party according to the present invention. Initially,
an inmate attempts to access the system (step 201). The system prompts for identification
information. Authentication of the inmate is performed as is known in the art (step 202).
For example, authentication may include the entering of a PIN number, using RFID
technology, or utilizing biometric identification means. These authentication means may
be used alone or in conjunction with any of the other authentication means. If the
authentication tests are not passed, system access is denied and the call is ended (step
231 ). After the inmate successfully logs in, the system checks to see if the inmate has
received any new voice messages (step 204). New messages are then played (step 208).
After all the messages have been played or if there are no new messages, the inmate is
prompted to make a call (step 206). Verification tests are then performed such as
verifying that the number dialed is an authorized number, that the number dialed has not
been called forwarded, etc. (step 203). If the attempted call fails the verification tests, the
call attempt is ended (step 231) and the system bills for usage as appropriate (step 233).
However, if the attempted call passes the verification tests, the call proceeds. The system
attempts to make a connection with the dialed party and detects whether the call is
answered (step 205). If after a set number of rings the call remains unanswered, the
system prompts the inmate with the option to leave a message (step 213). If the call is
answered, the system checks to see whether the call was answered by a live person (step
207). When a human answers the phone, the system preferably prompts for the called
party to accept or reject the call (i.e., "Say or Press 1 if you would like accept the call.").
If the call is answered by an automated answering device, such as an answering machine
or a voice mailbox, the system gives the inmate the option to leave a message (step 213).
Those skilled in the relevant art(s) will recognized that other methods may be utilized for
identifying whether a person or an automated answering service answered the call,
without departing from the spirit and scope of the present invention.
[0070} If the system determines that a live person answered the call (step 207), the
system prompts the called party with an acceptance or rejection message (step 209). At
step 231, the call is ended when the called party rejects the incoming call and the system
bills for usage as appropriate (step 233). Further, the system enables the called party to
block all future calls from the inmate. Upon acceptance of the call by the called party, the
Atty. Dkt. No. 3210.0170001
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call proceeds under the institution's restrictions (step 211). The call is monitored for
three-way call attempts, inappropriate conversation, etc. as is known in the art.
[0071] If an automated answering device answers the call or if there is no answer, the
inmate is prompted with the option to leave a message (step 213). The inmate then
chooses whether or not to leave a message. If the inmate chooses not to leave a message
(or does not meet the necessary requirements to leave a message, i.e., possess the
necessary account), the call is ended (step 231) and the system bills for usage as
appropriate (step 233). When the inmate decides to leave a message, the system prompts
the inmate to leave a message and the inmate records a message (step 215). The message
is then checked for content, etc. (step 217). Messages that fail the securit'y check result in
the call ending (step 231). Once a message passes the security check, the system
disconnects the inmate, dials the appropriate number and attempts to leave a message
(step 219). After each attempt, the system checks to see ifthe attempt was successful and
a message was left (step 221). When the system successfully reaches an automated
answering device or when the call is answered by a live person, the system plays the
recorded message and any other default messages as required by the institution (step 229),
the call is ended (step 231) and the system bills for usage as appropriate (step 233). At
this point, the called party is preferably given instructions for leave a message for the
inmate. Upon unsuccessful attempts, the system checks to see ifthe maximum number of
attempts has been reached (step 223). The system is configurable to make a maximum
"n" number of attempts to try and leave a message. Once the system reaches the
maximum number of attempts, the system saves the message (step 224) after which the
call attempts are ended (step 231) and the system bills for usage as appropriate (step 233).
When the called party accesses the system, the system will play the recorded messages
(as shown in FIG. 3).
[0072] When the system finds that the maximum number of tries has not been reached
(step 223), the system records the number of attempts (step 225). The system preferably
utilizes an incremental counter whereby each time an attempt is made, the number of
attempts increases by one. After a set amount of time has elapsed (step 227), the system
again attempts to leave the message (step 219). This process continues until either the
message has been left successfully or the maximum number of attempts has been reached,
whichever comes first.
Atty. Dkt. No. 3210.0170001
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[0073]
- 20 -
In an alternative embodiment, instead of leaving the inmate's actual recorded
message on the called party's automated answering device, the system could leave a
message stating that an inmate has recorded a message and gives the called party a
number to dial to hear the recorded message. After the called party dials the number and
completes the necessary authentication steps, the system plays the recorded messages and
gives the called party an option to reply to the message. The system also provides the
option to block future calls from the inmate.
[0074] Next, FIG. 3 depicts the preferred process according to the present invention
whereby an external party leaves a voice message for an inmate. Initially, the external
party attempts to access the system by dialing the proper system phone number (step
301). The system prompts for user authentication (step 303). If the user fails to be
authenticated, the system denies entry (step 305). The system then checks to see whether
the number of attempts to access the system matches the maximum number of attempts
allowed by the system (step 307). Upon a match the attempt to access the system is
terminated (step 309). If the maximum number of attempts has not yet been reached, the
system again prompts the user for authentication (step 303).
[0075] When the user is authenticated, the system then prompts for account information
(step 311). If the user does not have a pre-existing account, the system takes the user
through a series of steps to set up an account including setting up billing means and
properly identifying which inmates the user desires to communicate with (step 313). The
system checks to see if the account was successfully set up (step 315). The system then
checks to see whether the number of attempts to set up the account matches the maximum
number of attempts allowed by the system (step 317). If the maximum number of
attempts has not been reached, the system again prompts the user to set up an account
(step 313 ). When the maximum number of attempts is reached, the system terminates the
access attempt (step 309).
[0076] After the user successfully set ups an account (step 315) or if the user had a pre-
existing account (step 311), the system plays any messages that an inmate has left for the
user (step 312). At step 319, the system prompts the user to leave a message after the
messages have been played or when there are no messages. The message is then checked
for such things as content (step 321). If the message fails the check, the message is sent
to the administrator (step 3 31 ). If the message passes the check, the message is stored
Atty. Dkt. No. 3210.0170001
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(step 323), the call is ended (step 327) and the user is billed for usage of the system (step
229). Also, the inmate may optionally be notified (step 325). Preferably, the inmate is
notified upon attempting access to the system (as shown in FIG. 2). However, it is
foreseeable that such methods as notif-ying the inmate via closed circuit cameras or
sending notification via a printed medium to the inmate may be used. Also, it is
foreseeable that instead of hearing the message upon accessing the system, the voice
message may be converted from voice to text and the text message is delivered via a
printed medium with the regular mail or sent to an inmate's email inbox.
[0077] While the present invention has been described with reference to the preferred
embodiment and several alternative embodiments, which embodiments have been set
forth in considerable detail for the purposes of making a complete disclosure of the
invention, such embodiments are merely exemplary and are not intended to be limiting or
represent an exhaustive enumeration of all aspects of the invention. The scope of the
invention, therefore, shall be defined solely by the following claims. Further, it will be
apparent to those of skill in the art that numerous changes may be made in such details
without departing from the spirit and the principles of the invention. It should be
appreciated that the present invention is capable of being embodied in other forms
without departing from its essential characteristics.
Atty. Dkt. No. 3210.0170001
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WHAT IS CLAIMED IS:
1. A computer implemented method for regulating unanswered phone calls placed by a
registered user of a phone system serving a secured premises, comprising:
verifying whether a unique access identifier provided by the registered user of the phone
system is authorized to place a phone call to a destination associated with a phone number
entered by the registered user;
attempting to connect the phone call to an end user associated with the authorized
destination for the phone number entered by the registered user;
recording a message provided by the registered user of the phone system for the end user
associated with the authorized destination for the phone number entered by the registered user
when an attempt to connect the phone call to the end user fails;
storing the recorded message provided by the registered user in a site server located
within a telecom platform that supports the secure premises;
dialing the phone number entered by the registered user based on periodic intervals until
the phone call is connected to the end user;
playing the recorded message provided by the registered user that is retrieved from the
site server for the end user when the phone call is connected to the end user; and
billing an account associated with the unique access identifier provided by the registered
user when the recorded message provided by the registered user is played for the end user.
2. The computer implemented method of claim 1, further comprising:
monitoring the recorded message provided by the registered user for acceptable content;
storing the message provided by the registered user in the site server located within the
telecom platform that supports the secure premises when the recorded message provided by the
registered user includes acceptable content; and
rejecting the message provided by the registered user from being stored in the site server
located within the telecom platform that supports the secure premises when the recorded message
provided by the registered user includes unacceptable content.
3. The computer implemented method of claim 1, wherein the playing comprises:
requesting the end user to provide a unique access identifier associated with the end user;
Atty. Dkt. No. 3210.0170001
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verifying whether the unique access identifier provided by the end user is authorized to
receive the recorded message provided by the registered user; and
playing the recorded message provided by the registered user that is retrieved from the
site server for the end user when the unique access identifier provided by the end user is verified.
4. The computer implemented method of claim 1, further comprising:
recording a message provided by the end user for the registered user when the phone call
is connected to the end user;
storing the message provided by the end user in the site server located within the telecom
platform that supports the secure premises;
playing the recorded message provided by the end user that is retrieved from the site
server for the end user when the unique access identifier is provided by the registered user is
verified; and
billing an account associated with the unique access identifier provided by the end user
when the recorded message provided by the end user is played for the registered user.
user;
5. The computer implemented method of claim 4, wherein the recording comprises:
requesting the end user to provide the unique access identifier associated with the end
verifying whether the unique access identifier provided by the end user is authorized to
provide the recorded message to the registered user; and
recording the message provided by the end user when the unique access identifier
provided by the end user is verified.
6. The computer irnplemented method of daim 4, further comprising:
notifying the registered user when the message provided by the end user is recorded.
7. The computer implemented method of claim 1, wherein the dialing comprises:
automatically dialing the phone number entered by the registered user based on periodic
intervals until a quantity of failed attempts to connect the phone call to the end user exceeds a
threshold.
Atty. Dkt. No. 3210.0170001
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8. The computer implemented method of claim 7, wherein the playing comprises:
playing the recorded message provided by the registered user that is retrieved from the
site server for the end user when the telecom platform is accessed by the end user after the
quantity of failed attempts to connect the phone call to the end user exceeds the threshold.
9. The computer implemented method of claim 1, wherein the billing comprises:
billing the account associated with the unique access identifier provided by the registered
user when the recorded message provided by the registered user is played for the end user based
an a length of the recorded message.
10. The computer implemented method of claim 4, wherein the billing comprises:
billing the account associated with the unique access identifier provided by the end user
when the recorded message provided by the end user is played for the registered user based on a
length of the recorded message.
11. A system for regulating unanswered phone calls placed by a registered user of a
phone system serving a secured premises, comprising:
a site platform configured to:
verify whether a unique access identifier provided by the registered user of the
phone system is authorized to place a phone call to a destination associated with a phone number
entered by the registered user,
attempt to connect the phone call to an end user associated with the authorized
destination for the phone number entered by the registered user,
dial the phone number entered by the registered user based on periodic intervals
until the phone call is connected to the end user,
play a recorded message provided by the registered user for the end user when the
phone call is connected to the end user, and
bill an account associated with the unique access identifier provided by the
registered user when the recorded message provided by the registered user is played for
the end user;
Atty. Dkt. No. 3210.0170001
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a recorder configured to record a message provided by the registered user of the phone
system for the end user associated with the authorized destination for the phone number entered
by the registered user when an attempt to connect the phone call to the end user fails; and
a site server configured to store the recorded message provided by the registered user.
12. The system claim 11, wherein the site platform is further configured to:
monitor the recorded message provided by the registered user for acceptable content;
allow the message provided by the registered user to be stored in the site server when the
recorded message provided by the registered user includes acceptable content; and
reject the message provided by the registered user from being stored in the site server
when the recorded message provided by the registered user includes unacceptable content.
13. The system of claim 11, wherein the site platform is further configured to:
request the end user to provide a unique access identifier associated with the end user;
verify whether the unique access identifier provided by the end user is authorized to
receive the recorded message provided by the registered user; and
play the recorded message provided by the registered user that is retrieved from the site
server for the end user when the unique access identifier provided by the end user is verified.
14. The system of claim 11, wherein the site platform is further configured to:
allow a message provided by the end user for the registered user to be recorded when the
phone call is connected to the end user;
allow a message provided by the end user to be stored in the site server;
play the recorded message provided by the end user that is retrieved from the site server
for the end user when the unique access identifier is provided by the registered user is verified;
and
bill an account associated with the unique access identifier provided by the end user when
the recorded message provided by the end user is played for the registered user.
15. The system of claim 14, \vherein site platfom1 is further configured to:
request the end user to provide the lmique access identifier associated with the end user;
Atty. Dkt. Noo 3210.0170001
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verify whether the unique access identifier provided by the end user is authorized to
provide the recorded message to the registered user; and
allow the message provided by the end user to be recorded by the recorder when the
unique access identifier provided by the end user is verified.
16. The system claim 14, wherein the site platform is further configured to:
notify the registered user when the message provided by the end user is recorded by the
recorder.
17. The system of claim 11, wherein site platform is further configured to:
automatically dial the phone number entered by the registered user based on periodic
intervals until a quantity of failed attempts to connect the phone call to the end user exceeds a
threshold.
18. The system of claim 17, wherein the site platform is further configured to:
play the recorded message provided by the registered user that is retrieved from the site
server for the end user when the site platform is accessed by the end user after the quantity of
failed attempts to connect the phone call to the end user exceeds the threshold.
19. The system of claim 11, wherein the site platform is further configured to:
bill the account associated with the unique access identifier provided by the registered
user when the recorded message provided by the registered user is played for the end user based
on a length of the recorded message.
20. The system of claim 14, wherein the site platform is further configured to:
bill the account associated with the unique access identifier provided by the end user
when the recorded message provided by the end user is played for the registered user based on a
length of the recorded message.
Atty. Dkt. No. 3210.0170001
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ABSTRACT
Disclosed is a voice message exchange system and method for improving communication
between an inmate and a third party by enabling the inmate to leave a message when a call is not
answered and further allowing the third party who receives the message to reply with a message
to the inmate. Additionally, outside parties that meet the institution's requirements can leave
messages for inmates at any time. The present invention can be used as an add-on to legacy
inmate call management systems or incorporated internally into an inmate call management
system. The system also provides monitoring, controlling, recording, and billing means.
1569454_).DOCX
Atty. Dkt. No. 3210,0170001
Page 140
I El<wma! Party
l Attempts tc_
Access Syi;!em gQ1
No
Systr;;>m Prompts to Le.ave a M~saga
·31s
FIG .. 3
! Message Stored ·
r.L .............. c ••• '····1·
i ~ . t ' ' L.....~--~~~~~~~~~
Page 143
Electronic Patent Application Fee Transmittal
Application Number:
Filing Date:
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Filer: Michael David Specht/lynette miller
Attorney Docket Number: 3210.0170001
Filed as Small Entity
Utility under 35 USC 111 (a) Filing Fees
Description Fee Code Quantity Amount Sub-Total in
USO($)
Basic Filing:
Utility filing Fee (Electronic filing) 4011 1 95 95
Utility Search Fee 2111 1 310 310
Utility Examination Fee 2311 1 125 125
Pages:
Claims:
Miscellaneous-Filing:
Petition:
Patent-Appeals-and-Interference:
Page 144
Description Fee Code Quantity Amount Sub-Total in
USO($)
Post-Allowance-and-Post-Issuance:
Extension-of-Time:
Miscellaneous:
Total in USO($) 530
Page 145
Electronic Acknowledgement Receipt
EFSID: 13483780
Application Number: 13584295
International Application Number:
Confirmation Number: 1060
Title of Invention: Voice Message Exchange
First Named Inventor/Applicant Name: Stephen HODGE
Customer Number: 26111
Filer: Michael David Specht/lynette miller
Filer Authorized By: Michael David Specht
Attorney Docket Number: 3210.0170001
Receipt Date: 13-AUG-2012
Filing Date:
Time Stamp: 16:31:40
Application Type: Utility under 35 USC 111 (a)
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Multipart Description/PDF files in .zip description
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Claims 33 37
Abstract 38 38
Drawings-only black and white line drawings 39 41
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MICHAEL D. SPECHT
DIRECTOR
(202) 772-8756 [email protected]
August 13, 2012
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Re: U.S. Non-Provisional Utility Patent Application Under 37 C.F.R. § l.53(b) (Continuation of Appl. No. 111045,590; Filed: January 28, 2005) Appl. No. To be assigned; Filed: August 13, 2012 For: Voice Message Exchange Inventors: HODGE et al. Our Ref: 3210.0170001
Commissioner:
The following documents are transmitted herewith for appropriate action by the U.S. Patent and Trademark Office:
1. Online Credit Card Payment Authorization for $530.00 to cover: $530.00 Patent Application Fee (including basic filing, search, and examination
fees) for Small Entity;
2. Utility Patent Application Transmittal Form (PTO/SB/05);
3. Authorization to Treat a Reply As Incorporating An Extension of Time Under 37 C.F.R. § 1.136(a)(3);
4. Authorization to Permit Access to Application by Participating Offices;
5. U.S. Utility Patent Application entitled:
Voice Message Exchange
and naming as inventors:
Stephen HODGE David WOODY
the application consisting of:
a. An Application Data Sheet (37 C.F.R. § 1.76);
Page 149
Commissioner for Patents August 13, 2012 Page2
b. A specification containing:
I. 21 pages of description prior to the claims;
11. 5 pages of claims (20 claims);
m. a one (1) page abstract;
c. 3 sheets of drawings (Figures 1-3); and
d. A copy of the executed Declaration, as originally filed in U.S. Appl. No. 11/045,590; and
The above-listed documents are filed electronically through EFS-Web.
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MDS/PJP /lam Enclosures
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Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
.. ·. ~· :. : .
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r , Attorney Docket fi'L ________ "~UJQ!..Ql'.Z.O.Q.0.1... .............................. .
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ADDRESS TO: Commissioner for Patents P.O. Box 1450 Alexandria VA 22313-1450
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I',=,,,,,,, 109 .. DD 3A7:sc~:FR:m3oe.f7:3ts(b:i):S:etea~t·e--~m:~e--~netr sheet & document{s))
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DPowerof (when there is an assignee) Attorney
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18. If a CONTI Nu I NG-APPLicA"rioN·;-~ii-e-·c·-k-ap_p_r_o~p-r,-fa-te_b_o_x_, _a_n_d_s_u_p_,_p'"'"ty--,th_e_r __ e_q_u_is,_i_t_e_fnformailc;·;;·b;/"';;'w'-;;;,(J in the first sentence of the
specification foJlowing the title, or in an Application Data Sheet under 37 CFR 1. 76:
IXJ Continuation D Divisional D Continuation-in-part (CIP) of prior application No.: ........ 1..l!Q.4?.<5..9.Q.. Prior application information: Examiner ................ !.~_shale, A~.C::~-~~----......... , Art Unit. ·-·--·-··-·--·--------·-··---~-§J_LI: ................... ~-
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lN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re application of:
HODGE et al.
! Confirmation No.: To be assigned
I Art Unit: To be assigned
Appl. No.: To be assigned (Continuation of Appl. No. 111045,590; Filed: January 28, 2005)
I Examiner: To be assigned
I Atty. Docket: 3210.0170001 Filed: Herewith
For: Voice Message Exchange
Authorization to Treat a Reply as Incorporating an Extension of Time Under 37 C.F.R. § 1.136(a)(3)
Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
Commissioner:
The U.S. Patent and Trademark Office is hereby authorized to treat any concurrent or future
reply that requires a petition for an extension oftime under this paragraph for its timely submission,
as incorporating a petition for extension of time for the appropriate length of time. The U.S. Patent
and Trademark Office is hereby authorized to charge all required extension of time fees to our
Deposit Account No. 19-0036, if such fees are not otherwise provided for in such reply.
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Respectfully submitted,
STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
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