Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 1 of 31 PageID #: 125
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 1 of 31 PagelD #: 125
`
`
`
`
`
`EXHIBIT C
`EXHIBIT C
`
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 1 of 31 PagelD #: 125
`
`
`
`
`
`EXHIBIT C
`EXHIBIT C
`
`
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 2 of 31 PageID #: 126
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Serial No.: 14/276,948
`
`Filed: May 13, 2014
`
`First Named Applicant: Keith R. McNally
`
`)
`)
`)
`)
`)
`)
`For: An Application Software based Information )
`Management And Real Time Communications System )
`Including Intelligent Automated Assistants (Bots) In A )
`Computing Ecosystem Including Different Types Of )
`Remote Computing Devices With Different User Interfaces
`And With A Master Database That Is Accessible From And
`Stored At A Central Location.
`
`Art Unit: 3627
`
`Examiner: Luna Champagne
`
`1245-003.CON
`
`December 9, 2016
`750 B Street, Suite 3120
`San Diego, CA 92101
`
`RESPONSE TO OFFICE ACTION- THREE MONTH EXTENSION
`
`Commissioner for Patents
`Alexandria, VA
`
`Dear Sir:
`
`This responds to the Office Action dated June 13, 2016. The fee for a three month
`extension is included.
`
`l245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 3 of 31 PageID #: 127
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 2
`
`On page 1, change the title to read:
`
`PATENT
`Filed: May 13, 2014
`
`An Application Software based Information Management And Real Time 8yHehroHous
`
`Communications System Including Intelligent Automated Assistants (Bots) In A 8yHehroHized
`
`i\:H:d IHtegra-ted Computing Ecosystem Including Different Types Of Remote Computing Devices
`
`With Different User Interfaces And \Vhieh i\:re 8yHehroHized With A Master Database That Is
`
`Accessible From And Stored At A Central Location.
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 4 of 31 PageID #: 128
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 3
`
`1-36 (canceled).
`
`PATENT
`Filed: May 13, 2014
`
`37.
`
`(currently amended) A rule capable R iRform:a-tioR m:aRagem:eRt aRd syRehroRous
`
`eom:m:uRiea-tioR system: iReludiRg oRe or more intelligent automated assistants (IAA) system for
`
`use with remote wireless handheld computing devices and the internet, comprising:
`
`a) at least one hospitality software back-office application with at least one IAA-based
`
`interface and enabled to execute one or more rules while communicating via free format messaging
`
`and at least one interface with fixed format messaging communications for and with web browsers
`
`for syRehroRous opera-tieRs for communicating bi-directionally with two or more different remote
`
`wireless handheld computing devices;
`
`b) a master database containing data and parameters of the at least one hospitality software
`
`application pursuant to a master database file structure with predefined formats and specific fields
`
`and which is accessible through a database application programming interface (API);
`
`c) at least one computer server, with associated data storage capabilities for the at least one
`
`hospitality software application, and the master database;
`
`d) at least one application software based communications control module (CCM)
`
`integrated with the hospitality application software and enabled to interface with at least one
`
`communications protocol;
`
`e) at least one web server enabled by the CCM to concurrently communicate via the internet
`
`with two or more different remote wireless handheld computing devices;
`
`f) at least one remote wireless handheld remote computing device with at least one IAA
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 5 of 31 PageID #: 129
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 4
`
`PATENT
`Filed: May 13, 2014
`
`mobile application and user interface with free format messaging that enables access to and
`
`communications with the back office hospitality software application and its IAA-based interface;
`
`h) at least one other wireless handheld remote computing device which uses a web browser
`
`based user interface with fixed format messaging to access and communicate with the back office
`
`hospitality application software;
`
`i) at least one external application programming interface for fully integrating via the
`
`internet the hospitality back office software application with one or more non hospitality software
`
`applications;
`
`wherein the system elements are enabled to communicate bi-directionally opera-te together
`
`syHeh:roHously in real time via the back office hospitality application software and the database
`
`API and the communications control module while utilizing the parameters and data of the master
`
`database file structure in interfacing the back office hospitality software application between and
`
`with the two or more remote wireless handheld computing devices with their different user
`
`interfaces while maintaining consistency aHd syHeh:roHiza-tioH of th:e system: aHd with the master
`
`database.
`
`38.
`
`(currently amended) A rule capable H iHform:a-tioH m:aHagem:eHt aHd syHeh:roHous
`
`eom:m:uHiea-tioH system: iHeludiHg oRe or more intelligent automated assistants (IAA) system for
`
`use with remote wireless handheld computing devices and the internet, comprising:
`
`a) at least one hospitality software back-office application with at least one IAA-based
`
`interface and enabled to execute one or more rules while communicating via free format messaging
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 6 of 31 PageID #: 130
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 5
`
`PATENT
`Filed: May 13, 2014
`
`and at least one mobile software application based interface with combined free and fixed format
`
`messaging communications for syHehroHous operatioHs communicating bi-directionally with two
`
`or more different remote wireless handheld computing devices;
`
`b) a master database containing data and parameters of the at least one hospitality software
`
`application pursuant to a master database file structure with predefined formats and specific fields
`
`and which is accessible through a database application programming interface (API);
`
`c) at least one computer server, with associated data storage capabilities for the at least one
`
`hospitality software application, and the master database;
`
`d) at least one application software based communications control module (CCM)
`
`integrated with the hospitality application software and enabled to interface with at least one
`
`communications protocol;
`
`e) at least one web server enabled by the CCM to concurrently communicate via the internet
`
`with two or more different remote wireless handheld computing devices;
`
`f) at least one remote wireless handheld remote computing device with at least one IAA
`
`mobile application and user interface with free format messaging that iHtegrates with aH affiHity
`
`program: eom:paHy software applieatioH stored OR the wireless haHdheld eom:putiHg deviee aHd
`
`whieh further enables access to and communications with the back office hospitality software
`
`application and its IAA-based Interface:
`
`h) at least one other wireless handheld remote computing device which uses a mobile
`
`hospitality software application based user interface with combined free and fixed format
`
`messaging to access and communicate with the back office hospitality application software and
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 7 of 31 PageID #: 131
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 6
`
`PATENT
`Filed: May 13, 2014
`
`with the hospitality software mobile application having been downloaded via the internet and
`
`which is stored on and operable from the wireless handheld device;
`
`i) at least one external API for fully integrating via the internet the hospitality back office
`
`software application with one or more non hospitality software applications;
`
`wherein the system elements are enabled to operate together syHehroHously communicate
`
`bi-directionally in real time via the back office hospitality application software and the database
`
`API and the communications control module while utilizing the parameters and data of the master
`
`database file structure in interfacing the back office hospitality software application between and
`
`with the two or more remote wireless handheld computing devices with their different user
`
`interfaces while maintaining consistency aHd syHehroHizatioH of the system: aHd with the master
`
`database.
`
`39.
`
`(currently amended) A rule capable H iHform:atioH m:aHagem:eHt aHd syHehroHous
`
`eom:m:uHieatioH system: iHeludiHg oRe or more intelligent automated assistants (IAA) system for
`
`use with remote wireless handheld computing devices and the internet, comprising:
`
`a) at least one hospitality software back-office application with at least one IAA-based
`
`interface and enabled to execute one or more rules while communicating via free format messaging
`
`and at least one interface for and with web browsers with fixed format messaging communications
`
`and with at least one mobile software application &asee. interface with fixed format messaging
`
`communications for syHehroHous operatioHs bi-directional communications with three or more
`
`different remote wireless handheld computing devices;
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 8 of 31 PageID #: 132
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 7
`
`PATENT
`Filed: May 13, 2014
`
`b) a master database containing data and parameters of the at least one hospitality software
`
`application pursuant to a master database file structure with predefined formats and specific fields
`
`and which is accessible through a database application programming interface (API);
`
`c) at least one computer server, with associated data storage capabilities for the at least one
`
`hospitality software application, and the master database;
`
`d) at least one application software based communications control module (CCM)
`
`integrated with the hospitality application software and enabled to interface with at least one
`
`communications protocol;
`
`e) at least one web server enabled by the CCM to concurrently communicate via the internet
`
`with three or more different remote wireless handheld computing devices;
`
`f) at least one wireless handheld remote computing device with at least one IAA mobile
`
`application and
`
`user interface via free format messaging that enables access to and
`
`communications with the back office hospitality software application and its IAA-based interface;
`
`h) at least one other wireless handheld remote computing device which uses a web browser
`
`based user interface with fixed format messaging to access and communicate with the back office
`
`hospitality application software;
`
`i) at least one other wireless handheld remote computing device which uses a mobile
`
`hospitality software application based user interface with fixed format messaging to access and
`
`communicate with the back office hospitality application software and with the mobile hospitality
`
`application having been downloaded via the internet to and which is stored on and operable from
`
`the wireless handheld device;
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 9 of 31 PageID #: 133
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 8
`
`PATENT
`Filed: May 13, 2014
`
`j) at least one external API for fully integrating via the internet the hospitality back office
`
`software application with one or more non hospitality software applications;
`
`wherein the system elements are enabled to communicate bi-directionally opera-te together
`
`syHeh:roHously in real time via the back office hospitality application software and the database
`
`API and the communications control module while utilizing the parameters and data of the master
`
`database file structure in interfacing the back office hospitality software application between and
`
`with the three or more remote wireless handheld computing devices with their different user
`
`interfaces while maintaining consistency aHd syHeh:roHiza-tioH of th:e system: aHd with the master
`
`database.
`
`40. (previously presented) The system of Claim 37, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes the ability to automatically conduct real time web based
`
`searches to locate information not stored in the master database and to integrate responsive
`
`information from such search or searches into the automatic communications between and with
`
`the IAA application of one or more mobile computing devices and to reflect such into and with
`
`the master database.
`
`41. (previously presented) The system of Claim 38, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes the ability to automatically conduct real time web based
`
`searches to locate information not stored in the master database and to integrate responsive
`
`information from such search or searches into the automatic communications between and with
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 10 of 31 PageID #: 134
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 9
`
`PATENT
`Filed: May 13, 2014
`
`the Intelligent Automated Assistant (IAA) application of one or more mobile handheld computing
`
`devices and to reflect such into and with the master database.
`
`42. (previously presented) The system of Claim 39, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes the ability to automatically conduct real time web based
`
`searches to locate information not stored in the master database and to integrate responsive
`
`information from such search or searches into the automatic communications between and with
`
`the Intelligent Automated Assistant (IAA) application of one or more of the mobile computing
`
`devices and to reflect such into and with the master database.
`
`43. (previously presented) The system of Claim 37, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to conduct web based searches in response to a
`
`mobile user request including choices and preferences from the user of the wireless handheld
`
`computing devices equipped with a mobile Intelligent Automated Assistant (IAA) and its (IAA)
`
`interface and which is communicated to and from the back office hospitality software application,
`
`and for the back office hospitality software application to communicate to and present responsive
`
`options to the wireless handheld computing device user on a real time basis, and to automatically
`
`execute the user request when the specified criteria are met.
`
`44. (previously presented) The system of Claim 38, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to conduct web based searches in response to a
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 11 of 31 PageID #: 135
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page lO
`
`PATENT
`Filed: May 13, 2014
`
`mobile user request including choices and preferences from the user of the wireless handheld
`
`computing devices equipped with a mobile Intelligent Automated Assistant (IAA) and its (IAA)
`
`interface and which is communicated to and from the back office hospitality software application,
`
`and for the back office hospitality software application to communicate to and present responsive
`
`options to the wireless handheld computing device user on a real time basis, and to automatically
`
`execute the user request when the specified criteria are met.
`
`45. (previously presented) The system of Claim 39, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to conduct web based searches in response to a
`
`mobile user request including choices and preferences from the user of the wireless handheld
`
`computing devices equipped with a mobile Intelligent Automated Assistant (IAA) and its (IAA)
`
`interface and which is communicated to and from the back office hospitality software application,
`
`and for the back office hospitality software application to communicate to and present responsive
`
`options to the wireless handheld computing device user on a real time basis, and to automatically
`
`execute the user request when the specified criteria are met.
`
`46. (currently amended) The system of Claim 37, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to access and include existing customer
`
`information including preferences stored in the master database and to also conduct web based
`
`searches in response to a mobile user request including choices and preferences from the said user
`
`of the wireless handheld computing devices equipped with a mobile Intelligent Automated
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 12 of 31 PageID #: 136
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 11
`
`PATENT
`Filed: May 13, 2014
`
`Assistant (IAA) and its (IAA) interface and which is communicated to and from the back office
`
`hospitality software application, and for the back office hospitality software application to
`
`communicate to and present responsive options to the wireless handheld computing device user
`
`on a real time basis reflecting eetfl. data stored in the master database and search derived
`
`information, and to automatically execute the user request when the specified criteria are met.
`
`47. (previously presented) The system of Claim 38, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to access and include existing customer
`
`information including preferences stored in the master database and to also conduct web based
`
`searches in response to a mobile user request including choices and preferences from the user of
`
`the wireless handheld computing devices equipped with a mobile Intelligent Automated Assistant
`
`(IAA) and its (IAA) interface and which is communicated to and from the back office hospitality
`
`software application, and for the back office hospitality software application to communicate to
`
`and present responsive options to the wireless handheld computing device user on a real time basis
`
`reflecting both stored in the master database and search derived information, and to automatically
`
`execute the user request when the specified criteria are met.
`
`48. (previously presented) The system of Claim 39, wherein the back office Intelligent
`
`Automated Assistant (IAA) includes functionality to access and include existing customer
`
`information including preferences stored in the master database and to also conduct web based
`
`searches in response to a mobile user request including choices and preferences from the user of
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 13 of 31 PageID #: 137
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 12
`
`PATENT
`Filed: May 13, 2014
`
`the wireless handheld computing devices equipped with a mobile Intelligent Automated Assistant
`
`(IAA) and its (IAA) interface and which is communicated to and from the back office hospitality
`
`software application, and for the back office hospitality software application to communicate to
`
`and present responsive options to the wireless handheld computing device user on a real time basis
`
`reflecting both stored in the master database and search derived information, and to automatically
`
`execute the user request when the specified criteria are met.
`
`49. (previously presented) The system of Claim 37, wherein the system further includes
`
`functionality for two or more communications conversions one of which includes automated text
`
`.
`.
`messagmg conversiOns.
`
`50. (previously presented) The system of Claim 38, wherein the system includes
`
`functionality for two or more communications conversions one of which includes automated text
`
`.
`.
`messagmg conversiOns.
`
`51. (previously presented) The system of Claim 37, wherein the hospitality application
`
`includes food/drink ordering, integrated with a customer frequency/rewards application.
`
`52. (previously presented) The system of Claim 37, wherein the hospitality application
`
`includes event ticketing.
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 14 of 31 PageID #: 138
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 13
`
`PATENT
`Filed: May 13, 2014
`
`53. (previously presented) The system of Claim 38, wherein the hospitality application
`
`includes hotel reservations.
`
`54. (currently amended) The system of Claim 37, wherein a mobile affiHity program:
`
`eom:paHy mobile application operating on a wireless handheld computing device is used to
`
`interface with the back office hospitality software application.
`
`55. (currently amended) The system of Claim 37, wherein a frequent customer aH affiHity
`
`program: eom:paHy mobile application operating on a wireless handheld computing device is used
`
`to interface with the back office hospitality software application.
`
`56. (previously presented) The system of Claim 37, wherein the system is configured to
`
`enable one or more staff members to utilize only a wireless handheld smart phone for substantially
`
`all of their interactions with the back office hospitality software application.
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 15 of 31 PageID #: 139
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 14
`
`Remarks
`
`PATENT
`Filed: May 13, 2014
`
`The indefiniteness rejections are moot without prejudice or acquiescence owing to the
`
`present amendments.
`
`Support for "free format messaging" can be found in the specification on, e.g., page 27.
`
`Support for "fixed format messaging" can be found in the specification in figure 7. Support for
`
`frequent customer can be found near the end of the Summary.
`
`The claims are now focused on and directed to the Intelligent Automated Assistant (IAA)
`
`aspect of the invention, as is shown, for example, with the exemplary restaurant reservation IAA
`
`embodiment at page 26 below, lines 14-17:
`
`6
`
`7
`
`'To illustrate by way of example, the computer might speak:
`
`"Hello, this is your automated reservations assistant. I have a new reservation for
`
`you.- The reservation is for Mr. Smith,
`
`8
`
`party of 6, for May 15th".
`
`Patent-Ineligibility Rejections
`
`Applicant disagrees with the examiners proposed 'abstract idea' summary that these claims
`
`amount to merely 'synchronizing software applications'. Nonetheless, Applicant has removed the
`
`'synchronization' term from these claims and has added additional limitations to these claims to
`
`moot the patent-ineligibility rejections.
`
`For completeness, Applicant notes three cases from the Court of Appeals for the Federal
`
`Circuit which have issued subsequent to the office action, McRO, Inc. dba Planet Blue v. Bandai
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 16 of 31 PageID #: 140
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 15
`
`PATENT
`Filed: May 13, 2014
`
`Namco Games America Inc., 120 USPQ2d 1091 (Fed. Cir. 2016), BASCOM Global Internet
`
`Services v. AT&T Mobility LLC, 827 F.3d 1341 (Fed. Cir. 2016), (Amdocs (Israel) Ltd v. Openet
`
`Telecom, Inc., No. 2015-1180 (Fed. Cir. Nov. 1, 2016)), and the USPTO Memorandum on 'Subject
`
`Matter Eligibility Decisions' dated Nov 2, 2016. Applicant's amendments more closely align the
`
`claims with these newly established legal precedents, and with the latest USPTO patent-eligibility
`
`guidance.
`
`InMcRo, as the USPTO emphasized on page 2 of the November memorandum: 'TheMcRo
`
`Court thus relied on the specifications' explanation of how the claimed rules enabled the
`
`automation of specific animation tasks that previously could not be automated when determining
`
`that the claims were directed to improvements in computer animation, instead of an abstract idea.
`
`Similarly, applicant's IAA directed claims also can rely on rules (now claimed) to accomplish
`
`specific tasks, such as the claimed 'computer to computer' communications which makes the
`
`systemic functionality more efficient and thus improves the efficacy of the computer system and
`
`in ways not possible by humans. The amended claims, could not possibly be accomplished by
`
`humans, (nor were they ever), especially the real time functionality, and ability to communicate
`
`with a variety of different interfaces concurrently. The teaching of applying rules as to the claims
`
`are specifically explained in the specification, at, for example, page 33, lines 6-12, see below,
`
`highlighted:
`
`6
`
`7
`
`1245-3CAMD
`
`It is noted that, in vanous
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 17 of 31 PageID #: 141
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 16
`
`PATENT
`Filed: May 13,2014
`
`8
`
`embodiments, one or more rules may be followed in communicating with
`
`the entity and/or
`
`the
`
`9
`
`user. For example, a rule might specify that the entity and/or the user is
`
`not to be telephoned
`
`10
`
`and/or be sent messages before and/or after certain hours of the day. As
`
`another example, a rule
`
`11
`
`might specify that one mode of contact (e.g., telephone call) is to be
`
`employed as a means of
`
`12
`
`contact for certain hours of the day, while a second mode of contact (e.g.,
`
`instant messaging) is
`
`13
`
`to be employed as a means of contact for other hours of the day.
`
`Thus, clearly, the claims as newly revised are directed to IAA functionality, based upon
`
`rules functionality, which improve the communications and overall functionality of the claimed
`
`computer system when considered as a whole and is thus further not an abstract idea.
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 18 of 31 PageID #: 142
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 17
`
`PATENT
`Filed: May 13, 2014
`
`Additionally, the Bascom court found and the USPTO confirmed that the additional
`
`elements of the claims must be considered 'in combination' and while applicant does not believe
`
`that the newly revised claims are, in fact even directed to any 'abstract idea' even if so, the
`
`additional elements, as part of a total system, especially considering both 'mobile applications'
`
`and 'web based applications' operating together in the same interconnected system and to/with the
`
`same master database, that 'significantly more' is accomplished, when these claims are considered
`
`as a whole, as the Federal Circuit law and the USPTO rules require.
`
`Further, still the specialized database file structures, now included in the revised claims to
`
`further distinguish the Blinn primary reference, also align very closely with the reasons that the
`
`Federal Circuit determined that the inventions were patent-eligible in Enfish v. J\lficrosojt, 822 F .3d
`
`1327 (Fed. Cir. 2016).
`
`Thus for all of the above reasons and the changes in the revised claims, applicant
`
`respectfully requests the patent-ineligibility rejections to be withdrawn.
`
`Obviousness Rejections, Claims 37-48, 54, and 55 Based on Blinn
`
`Applicant initially notes that not only does Blinn teach away from the claims but also does
`
`not teach a rule based IAA application/system or any kind of an IAA interface with 'free format'
`
`communications. Blinn at its most relevant teaches only 'web based' interfaces (when 'mobile
`
`hospitality apps' are also required in independent claims 38 and 39). None of the other references,
`
`alone and/or combination with Blinn, resolve these global deficiencies, nor do they overcome
`
`Blinn's 'teaching away'. Thus, all of the' 103 based rejections inclusive of all additional prior art
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 19 of 31 PageID #: 143
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 18
`
`PATENT
`Filed: May 13, 2014
`
`in any combination fail to show obviousness against the newly revised claims. Further, the
`
`additional claim revisions in independent claims 37-39 further distinguish all combinations and all
`
`the basis for the prior rejections, alone and/or in any combination.
`
`First, Blinn teaches away from the claimed invention. In the Summary of the Invention,
`
`Col 2, Blinn stated the following - all emphasis added:
`
`'Unfortunately, conventional electronic merchandising systems typically represent the
`
`order information and item information in predefined formats such as a database format with
`
`specific fields. Lns 39-43
`
`'Unfortunately, even if every possible data element needed to represent current sales
`
`transactions could be predefined, new sales transactions would arise which require new revisions
`
`to the electronic merchandising software.' Lns 51-55
`
`'Rather than utilizing a predefined organization of data elements, the present
`
`invention utilizes an order with multiple key-value pairs which are not organized with a
`
`predefined format.' Lns 56-59.
`
`Thus it can't be disputed that Blinn criticized (i.e. the repeated use of 'unfortunately'),
`
`systems with 'predefined formats' and/or with a 'database with specific fields' and that, as part of
`
`the 'present invention' definition, within the Summary of the Invention, section, specifically
`
`excludes any system that relies on data elements 'with a predefined formats'.
`
`Applicant believes that a POSA would have already understood that its claimed invention,
`
`and master database relied/relies on 'predefined formats' and a 'database with specific fields',
`
`however to eliminate any doubt, as to this, the amended claims, include the specific functionality
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 20 of 31 PageID #: 144
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 19
`
`PATENT
`Filed: May 13, 2014
`
`-which Blinn specifically excluded as not being part of his 'present invention' and criticized such
`
`functionality.
`
`Thus for this reason alone, Blinn and/or all combinations with Blinn fail as to the amended
`
`claims.
`
`Second, Blinn fails to teach the claimed IAA application functionality. For example, the
`
`examiner's citation to col. 23, lines 52-67 reflects functionality that is inapposite with the claimed
`
`IAA functionality. An IAA based system with free format messaging is not focused on 'modifying
`
`itself and/or its database' to change to accommodate differing needs/requests, rather it maintains
`
`its standard functionality, standard database/structure etc. and accommodates different ways that
`
`users communicate with it, as claimed, via an IAA based, free format interface interaction, and it
`
`changes nothing. This misperception of the IAA functionality masked that the mobile IAA
`
`functionality also must include a specific free format user interface to enable the IAA based
`
`interactions via, e.g., 'chatting' (as in 'texting' and/or 'instant messaging') as is shown, see, for
`
`example, figure #10 (circle, center, far right) and as detailed in the specification, just a few of the
`
`examples ofwhich are shown below, highlights added:
`
`Page 27, lines 14-18:
`
`6
`
`, As
`
`15
`
`another example, such automated messaging might involve automated text
`
`messaging (e.g.,
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 21 of 31 PageID #: 145
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 20
`
`PATENT
`Filed: May 13, 2014
`
`16
`
`automated wireless
`
`text messaging)
`
`and/or automated
`
`instant
`
`messagmg (e.g., automated
`
`17
`
`wireless instant messaging) wherein some or all of the
`
`information provided by the user is
`
`automatically converted to text and/or data and conveyed to the appropriate entity.
`
`And Page 35 Ins 12-15:
`
`Shown in Fig. 10 is an exemplary system diagram relating to embodiments of the
`
`13
`
`present invention wherein, for example, vanous of the functionality
`
`discussed above (e.g.,
`
`14
`
`messaging, text-to-voice, and communications with landline telephones,
`
`cellular telephones, and
`
`15
`
`wireless devices) is depicted.
`
`1245-3CAMD
`
`
`
`Case 1:20-cv-00518-LPS Document 1-3 Filed 04/16/20 Page 22 of 31 PageID #: 146
`
`CASE NO. 1245-003.CON
`Serial No.: 14/276,948
`Page 21
`
`PATENT
`Filed: May 13, 2014
`
`Further, the claimed IAA functionality is not just a simple issue of 'converting' and or
`
`understanding one messaging and/ or user format to another, rather that is only a part of the claimed
`
`functionality as a POSA would know. In order to yield/teach the claimed system it is required for
`
`the entire system to communicate bi-directionally, and for the IAA on each end of the system, to
`
`be capable of understanding the differing and respective commun
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
