Case 1:09-cv-00975—SLR-MPT Document 34
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`Filed 04/06/11 Page 1 of 6 PagelD #: 594
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`\ A0 120 Rev. 3/04
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`TRADEMARK
`
`T0:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`Delaware
`on the following
`X Patents or
`Trademarks:
`
`KANA Software, Inc.
`
`
`
`DATE FILED
`DOCKET NO.
`12/20/09
`09cv975
`
`
`U.S. DISTRICT COURT
`
`I F DELAWARE PLAINTIFF
`Versata Enterprises, Inc., et al.
`
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`DISTRI
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`DEFENDANT
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`_-—
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`DATE INCLUDED
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`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0.
`
`
`
`[J Amendment
`DATE OF PATENT
`0R TRADEMARK
`
`I] Answer
`
`El Cross Bill
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`[:1 Other Pleading
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`HOLDER OF PATENT OR TRADEMARK
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`VOLUSION EXHIBIT 1011
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`VOLUSION EXHIBIT 1011
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`

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`Case 1:09-cv—00975-UNA Docurr'IientS
`l
`
`Filed 12/21/09 Page 1 of 2
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
`
`ll
`
`ll
`'1
`
`REPORT ON THE
`
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`
`i
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. §l1116 you are hereby advised that a court action has been
`ll
`filed in the US. District Court
`Delaware
`l
`on the following
`X Patents or
`Trademarks:
`l
`
`DOCKET NO.
`DATE FILED
` DISTRICT OF DELAWARE
`09cv975
`12/20/09
`PLAINTIFF
`
`US. DII'ISTRICT COURT
`Ll
`
`DEFENDANT
`
`KANA Software, Inc.
`Versata Enterprises, Inc, et n1.
`
`
`
`
` I
`
`‘3‘
`
`l
`
`II
`
`fl
`
`I:
`
`
`
`In the above—entitled case, the following patent(s)/ traclk‘emarlqs) have been included:
`
`INCLUDED BY
`‘l
`ED Answer
`I
`l
`l
`
`DATE INCLUDED
`
`PATENT OR '
`TRADEMARK N0.
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`1:] Cross Bill
`
`[I Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`Il
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`
`
`
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`
`
`
`
`
`
`
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`
`
`
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`9/1/1998
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`12/21/2004
`
`
`
`4
`
`Tniggiafniiro.
`5,432,934
`
`5,802,514
`
`6,016,394
`
`6,647,396 82
`
`6,834,282 B1
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`6,834,287 B1
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`6,862,573 132
`7,082,454 Bl
`7,092,740 B]
`
`7,502,634 32
`
`
`
`
`l
`HOLDER or PATENT OR TRADEMARK
`l
`Gensym Corporation
`
`
`
`Vision Software Tools, Inc.
`
`TenFold Corporation
`
`Trilogy Development Group, Inc.
`
`Trilogy Development Group, Inc.
`
`Trilogy Development Group, Inc.
`
`Trilogy Development Group, Inc.
`
`Clear Technology, Inc.
`.Trilogy Development Group, Inc.
`Trilogy Development Group, Inc.
`
`Versata Development Group, Inc.
`
`Versata Development Group, Inc.
`
`l
`
`l
`I
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`ll
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`

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`i
`Case 1:09-cv—00975—UNA Docunient 3
`
`Filed 12/21/09 Page 2 of 2
`
`'fi A0 120 Rev. 3/04
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`'l
`In the above—entitled case, the following decision ha‘s been rendered orjudgement issued:
`DECISION/JUDGEMENT
`
`
` PETER T. DALLEO, CLERK OF COURT
`
`
`
`CLERK
`
`(BY) DEPUTY?CLERK
`
`DATE
`
`12/21/09
`
`Copy 3—Upon termination of action, mail this copy to Director
`Copy l—Upon initiation of action, mail this copy to Director
`Copy 4-—Case file copy
`Copy Z—Upon filing document adding patcnt(s), mail this copy to Director
`'l
`il
`
`
`
`
`
`

`

`_
`PART B- FEE(S)TRANSMITTAL
`fl‘\
`Complete aii‘d send this Idling, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE /
`"
`6)
`Commissioner for Patents
`f
`NW 1 5 ”gné T
`PO. Box 1450
`
`
`i
`“ V
`:5
`Alexandria, Virginia 22313-1450
`
`
`or Ea;
`65‘
`(703) 746-4000
`4
`
`
`
`Id be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required Blocks 1 through 5 should be completed where
`INSTRUCTIONS: This form!
`appropriate. Alllfirrtherporrés'psgiit‘ience including the Patent, advance orders and notification of maintenance fees will Iie mailed to the current correvfindmce address as
`in ‘cated unless corrected~below or directed otherwise in Block'l, by (a) specifying a new correspondence address; and/or (b) indicating a separate '
`E ADDRESS" for
`
`maintenance fee notifications.
`
`-/
`
`CURRENT CORRESPONDENCE ADDRESS (Nola: Use Block 1 fora-1y change ofuddrcs)
`
`33438
`
`7590
`
`08/16/2004
`
`HAMILTON & TERRILE, LLP
`.
`P'O‘ BOX 203518
`AUSTIN, TX 78720
`11/16/2004 HBEYENEE 00000102 09884180
`
`01 FC:1501
`
`1370.00 0P.
`
`APPLICATION NO.
`
`FILING DATE
`
`Note: A certificate of main“ can only be used for domestic mailings of me
`Fee(s) Transmittal. This c
`' cate cannot be used for any other accompanying
`pipers. Each additional paper, such as an assrgnment or formal drawrng, must
`ve its own certificate of maihng or transrmssron.
`
`th
`Certificate of Mailing or Transmission
`the United
`Ihereb cert'
`that this Fe 5 Transmittal is bein de
`sited wi
`States ostal ervice with sfiificimt po
`e for firg’t c1535 mail in an envelo e
`addressed to the Mail Sto
`ISSUE FE address above, or both
`facstmi e
`transmitted to the USPTO 03 746-4000, on the date indicated be ow.
`
`
`
`
`Kent B. Chambe s
`(Depositorsmme)
`.m_
`
`
`//.. / _ 2 a a
`(Date)
`
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`FIRST NAMED INVENTOR
`
`M- 10958 US
`Scott. Bonneau
`06/18/2001
`09/884,180
`TITLE OF INVENTION: LOGICAL AND CONSTRAINT BASED BROWSE HIERARCHY WITH PROPAGATION FEATURES
`
`2805
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`N0
`
`EXAMINER
`
`COURTENAY III, ST JOHN
`
`ISSUE FEE
`
`$1330
`ART UNIT
`
`2126
`
`PUBLICATION FEE
`$0
`
`CLASS-SUBCLASS
`
`707-100000
`
`TOTAL FEE(S) DUE
`
`51330
`
`DATE DUE
`
`11/16/2004
`
`1. Chan e of correspondence address or indication of "Fee Address" (37
`2.
`prin'
`te tfr
`t
`1i t
`.
`.
`
`
`Fm
`mg W the” n ,‘m page‘
`S
`lI-Iamllton & Terrlle , LLP
`CFR l. 63).
`(1) the names of up to 3 registered patent attorneys ___..————— .
`
`LI Change of cones ndence address (or Change of Correspondence
`Kent B. Chambers
`or agents OR1 alternatively,
`Address form PTO B/122) attached.
`
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`LI "Fee Address" indication (or "Fee Address" Indication form
`
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 re 'stered patent attorneys or agents. Ifno name is
`11505, no name will be printed.
`Number is required.
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`2
`3
`
`PLEASE NOTE: Unless an assiggee 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 CF
`11. Completion of this form 15 NOT a substitute for filing an assrgnment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE 0R COUNTRY)
`
`Trilogy Development Group , Inc .
`
`Austin, Texas
`
`Please check the appropriate assignee category or categories (will not be printed on the patent); - U individual Xprporation or other private group entity U government
`
`4a. The following fee(s) are enclosed:
`'
`4b. Payment of Fee(s):
`09 Issue Fee
`MA check in the amount of the fee(s) is enclosed.
`U Publication Fee (No small entity discount permitted)
`lJ Paymmt by credit card Form PTO-2038 is attached.
`cut, to
`5 , or credit an 0v
`UAdvance Order - #ofCo ies
`LXThe Director is hereb a
`'
`char e the re uired ft:
`P - Deposit Account Number}, LgBflbl g (Enclose anqegttra copy of this forT'I-ngf1ym
`
`
`
`
`5. Change in Entity Status (fi'om status indicated above)
`
`U a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27. U b. Applicant is not claiming SMALL ENTITY status. See, e.g., 37 CFR 1.27(g)(2).
`
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`(Authorized '
`)
`(Date)
`//, 200
`'&
`A/0 v.
`This collection of information is required by,” CFR 1.311. The information is re uired to obtain or retain a benefit b the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed y 35 U.S.C. 122 and 37 CFR 1.14.
`_
`collection is estimated to take 1 minutes to complete, including gatheringnprepanng, and
`Submitting the completed application form to the USPTO. Time will v
`dacndllflf upon the deVIduaI case. Any comments on the amotmt of time you require to co
`Iete
`this form and/or su
`estions for reducing this burden should be sent to
`e
`ief
`ormation Ofiicer, US. Patent and Trademark Oflice, U.S_. Department of Commerce,
`.0.
`Elox 143:1, A‘Ilexan _ ZIZXII
`' 413223134450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Cornrmssroner for Patents, PO. Box 1450,
`exan ra,
`irgrnra
`-l
`.
`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—SS (Rev. 07/04) Approved for use through 04/30/2007.
`
`OMB 0651-0033 US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`TRANSMIT THIS FORM WITH FEE(S)
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Ofllcc
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2238-1450
`wwwnisplogov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`HAMILTON & TERRILE, LLP
`P.O. BOX 203518
`AUSTIN, TX 78720
`
`COURTENAY III, ST JOHN
`
`2126
`
`DATE MAILED: 08/16/2004
`
`APPLICATION NO.
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/884,180
`
`06/18/2001
`
`Scott Bonneau
`
`M- 10958 US
`
`2805
`
`TITLE OF INVENTION: LOGICAL A'ND CONSTRAINT BASED BROWSE HIERARCH'Y WI l H PROPAGATION FEATURES
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`ISSUE FEE
`
`$1330
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$1330
`
`DATE DUE
`
`1 1/16/2004
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERIIS 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 MQNTHS FROM THE ,
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT fl EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLY TO THIS NOTICE:
`
`1. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`‘
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`.
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`11. PART B — FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B — Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
`completed and an extra copy of the form should be submitted.
`
`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.
`
`PTOL-85 (Rev. 07/04) Approvedfor use through 04/30/2007.
`
`BEST AVA” LA
`
`Page 1 of 3
`
`BLE (GOP é?
`
`
`
`

`

`PART B - FEE(S)TRANSM1TTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`______—_—____——_____————————
`(703) 746-4000
`or E3);
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required); Blocks 1 through 5 should be completed where
`ap _ropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will
`e mailed to the current corres ondence address as
`in cated unless corrected below or directed otheIWIse in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate " EE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block lfornny changcot‘uddrcss)
`
`v
`
`33438
`
`7590
`
`08/16/2004
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This cert" cate cannot be used for any other accompanying
`pipers. Each additional paper, such as an aSSignrnent or formal drawrng, must
`e its own certificate of mailing or transmissron.
`
`HAMILTON & TERRILE, LLP
`p0. BOX 203518
`AUSTIN, TX 78720
`
`‘
`Certificate of Mailing or Transmission
`ervrce With su icrent osta Ie for first class mail in an envelo e
`States ostal
`that this Fee(st) Transmittal is being deposrted with the United
`I hereb cert'
`addressed to the Mail Sto
`ISSUEPFE address above, or bein
`facsimile
`transmitted to the USPTO 03 746-4000, on the date indicated be ow.
`
`
`
`
`
`
`
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`M—10958 US
`Scott Bonneau
`06/18/2001
`09/884,180
`TITLE OF INVENTION: LOGICAL AND CONSTRAINT BASED BROWSE HIERARCHY WITH PROPAGATION FEATURES
`
`2805
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`ISSUE FEE
`
`$1330
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$1330
`
`DATE DUE
`
`11/16/2004
`
`COURTENAY Ill, ST JOHN
`2126
`707-100000
`
`
`2. For printing on the patent front page, list
`1. Chanfe of correspondence address or indication of "Fee Address" (37
`CFR 1. 63).
`(1) the names of up to 3 registered patent attomeys
`
`or agents OR, alternatively,
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO B/ 122) attached.
`2
`(2) the name of a single firm (having as a member a
`
`registered attorney or agent) and the names of up to
`LI "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2_ re 'stered patent attorneys or agents. Ifno name is
`3
`hste no name Will be printed.
`Number is required.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`PLEASE NOTE: Unless an assiggee 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 CF
`11. Completion of this form is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`LJ individualPlease check the appropriate assignee category or categories (will not be printed on the patent); LI corporation or other private group entity U government
`
`
`4a. The following fee(s) are enclosed:
`.
`4b. Payment of Fee(s):
`Ll Issue Fee
`U A check in the amount of the fee(s) is enclosed.
`
`U Payment by credit card. Form PTO—2038 is attached.
`U Publication Fee (No small entity discount permitted)
`'
`ayrnent, to
`U The Director is hereby authorized by charge the required fec(s), or credit any ov
`LIAdvance Order- # of Copies
`
`—‘—'——' (enclose an extra copy ofthis £055. Deposit Account Number
`
`5. Change in Entity Status (from stains indicated above)
`U a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27. U b. Applicant is not claiming SMALL ENTITY status. See, e.g., 37 CFR l.27(g)(2).
`
`
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (if required) will not be anaepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`
`interest as shown by the records of the United States Patent and Trademark Office.
`(Authorized Signature)
`(Date)
`_______________————-———-———————
`This collection of information is required by 37 CFR 1.311. The information is relqpired to obtain or retain a benefit ha 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.
`‘15 collection is estimated to take 1 minutes to complete, including gathering, prepamig, and
`submitting the completed application form to the USPTO, Time will vat-z de endihiig upon the n1d1vrdual case. Any comments on the amount of time you require to com [etc
`this form and/or su
`estions for reducin I this burden, should be sent to
`e
`ief
`ormation Officer, US. Patent and Trademark Office, US. Department of Cornrncrce,Il)’.O.
`Box 1450, Alexan 1a, Vir V'
`ia 223134450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commisstoner for Patents, P.O. Box 1450,
`Alexandria, Virginia 2231 —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.
`
`TRANSMIT THIS FORM WITH FEHS)
`
`PTOL-85 (Rev. 07/04) Approved for use through 04/30/2007.
`
`OMB 0651-0033 US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`BEST AVAILABLE COP-Y
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`Unltcd States Patent and Trademark Office
`Adams: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria, Virginia 223 I 3- I450
`www.usplo.gov
`
`APPLICATION NO.
`
`09/884,180
`
`FILING DATE
`
`06/18/2001
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Scott Bonneau
`
`M-10958 US
`
`2805 '
`
`HAMILTON & TERRILE, LLP
`PO. BOX 203518
`AUSTIN, TX 78720
`
`COURTENAY III, ST JOHN
`
`2126
`
`mama:
`
`DATE MAILED: 08/16/2004
`
`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 729 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 729 day(s).
`
`If 3 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.
`
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`

`

`li‘ '9‘, ‘ /
`
`
`
`Application No.
`
`Applicant(s)
`
`_
`_
`.
`Notice of Allowability ‘
`
`09/884,180
`Examiner
`
`BONNEAU ET AL.
`Art Unit
`
`St. John Courtenay III
`
`2126
`
`
`
`
`-- 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. {Z This communication is responsive to patent aggglication filed June 18, 2001.
`
`
`2. XI The allowed claim(s) is/are 1-23 now renumbered 1-23.
`
`3. IE The drawings filed on 18 June 2001 are accepted by the Examiner.
`
`4. I:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) 1:] All
`b) E] Some*
`~c) I] None
`of the:
`1. E] Certified copies of the priority documents have been received.
`
`2. El 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. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. D CORRECTED DRAWINGS ( as “replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`
`1) [3 hereto or 2) [:1 to Paper No./Mai| Date
`
`(b) El including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| 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).
`
`7. El 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. IXI Notice of References Cited (PTO-892)
`
`2. [:1 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [XI Information Disclosure Statements (PTO-1449 or PTO/SB/08),
`Paper No./Mai| Date 9/02/03 & 4/26/04 4-7qu I) 2.004.,
`4. I] Examiner's Comment Regarding Requirement for Deposit
`
`5. El Notice of Informal Patent Application (PTO-152)
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. I] Examiner's Amendment/Comment
`
`8. IX Examiner's Statement of Reasons for Allowance
`
`of Biological Material
`
`9. D Other
`
`.
`
`(I
`,/
`St moudenay |||
`
`BEST AVAILABLE CQPY Art Unit: 2126 i
`
`Primary Examiner
`
`'
`
`US Patent and Trademark Office
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20040803
`
`
`
`

`

`Application/Control Number:
`09/884,180
`Art Unit: 2126
`
`Page 2
`
`Examiner’s Statement of Reasons for Allowance
`
`The claims are deemed allowable over the prior art of record for
`at least the following reasons:
`
`As per independent claims 1, 11 and 21:
`
`The prior art of record does not teach, nor fairly suggest, the use
`of one or more constraints specified for each of a first portion of
`the nodes that define a scope of the subset of items represented
`by each of the first portion relative to their parent node and a
`second portion of the nodes that specify no constraints, wherein
`each of the second portion establishes a logical grouping defining
`a scope of the subset of items represented by each of the second
`portion, operatively coupled as claimed.
`
`Independent claim 1 is statutory subject matter under 35 U.S.C.
`
`§ 101 in light of In re Lowry. The claimed functional descriptive
`material (i.e., hierarchical data structure) is stored in a database,
`
`(i.e., on a computer-readable medium) and therefore the
`
`functional descriptive material becomes structurally and
`
`functionally interrelated to the medium and provides tangible
`
`benefits.
`
`In re Lowm 32 USPQZd 1031 (CAFC 1994).
`
`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."
`
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`'3‘
`
`Application/Control Number:
`09/884,180
`Art Unit: 2126
`
`How to Contact the Examiner:
`
`Page 3
`
`Any inquiry concerning this communication or earlier communications
`from the examiner should be directed to St. John Courtenay III, J.D.,
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`The fax phone number for the organization where this application or
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`Patent Customers advised to FAX communications to the USPTO
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`Effective Oct. 15, 2003, ALL patent application correspondence transmitted
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`NEW PTO CENTRAL FAX NUMBER:
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`V
`
`Application/Control Number:
`09/884,180
`Art Unit: 2126
`
`Page 4
`
`. Any inquiry of a general nature or relating to the status of this
`application should be directed to the TC 2100 Group receptionist:
`(703) 305-3900.
`
`Please direct inquiries regarding fees, paper matching, and other
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`The Manual of Patent Examining Procedure (MPEP) is available online at:
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`
`ST. JOHN COURTENAY m
`PRIMARY EXAMlNER
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`

`
`
`Application/Control No.
`
`09/884,180
`Examiner
`St. John Courtenaylll
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`BONNEAU ET AL.
`Art unit
`2126
`
`Page 1 of1
`
`Notice of References Cited
`
`Kotchey, Christopher Michael
`
`G
`
`Card etal.
`
`345/853
`
`._- Roberge etal.
`
`Document Number
`Country Code—Number—Kind Code
`
`Date
`MMYYYY
`
`.
`
`.
`
`707/104.1
`CIaSSIficatlon
`
`
`
`
`
`I U—
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`NON-PATENT DOCUMENTS
`
`V
`
`W
`
`’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.
`US. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`
`
`Part of Paper No. 20040803
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`

`
`Sheet :1_ of1
`SerialNa '
`
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`
`_
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`
`“t ATION DISCLOSURE STATEMENT BY APPLICANT
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`
`Bonneau,eta].
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`
`June 18, 2001
`
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`707
`
`705
`
`705
`
`705
`
`705
`
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`*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 your communication to applicant.
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`US. Department of Commerce, Patent and Trademark Office
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`(
`
`mSURE STATEMENT BY APPLICANT
`
`Sheet 1 of 1
`
`.' Attorney Docket No.
`
`
`
`Applicant(s)
`
`
`
`
`
`
`Name
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`Class
`
`Subclass
`
`Filing Date
`
`IfAppropriate
`
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`9/26/2002, pp. [-13
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`Date Considered
`Examiner 5, Cw {Era/A
`*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 your communication to applicant.
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`US. Department of Commerce Patent and Trademark Office
`
`
`
`
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`Attorney Docket No.
`
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`
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`
`Griffin et al.
`
`Subclass
`
`Filing Date
`If A . . ropriate
`
`Class
`
`707
`
`Foreign Patent Documents
`
`Translation
`
`Document
`
`Date
`
`Country
`
`Class
`
`Subclass
`
`Yes
`
`2'o
`
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`‘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 your communication to applicant.
`
`Date Considered
`
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`

`

`5
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`20
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`Attorney Docket No : M40953 US
`Client Reference: T00042
`
`“Express Mail” mailing label number:
`
`EL803198675US
`
`LOGICAL AND CONSTRAINT BASED BROWSE
`HIERARCHY WITH PROPAGATION FEATURES
`
`Scott Bonneau
`Michael Nonemacher
`
`Jeremy Weinrib
`
`CROSS REFERENCE TO RELATED APPLICATIONS
`5’4) /77
`c
`uéattomey-deeket-Mmlggéée
`This application relates to application serial n O /
`
`
`"9%), filed on same day herewith, entitled "Rules Based Provision of Custom Pricing for
`
`Multiple Entities" and naming Scott Bonneau, Michael Nonemacher and Jeremy Weinrib as
`
`inventors, the application being incorporated herein by reference in its entirety.
`
`This application relates to application serial no.
`
`0 C1/ 3gif”: 2‘19
`
`
`
`{attorney-49W
`
`«9%, filed on same day herewith, entitled "Rules Based Custom Catalogs Generated from a
`
`Central Catalog Database for Multiple Entities" and naming Scott Bonneau, Michael
`
`Nonemacher and Jeremy Weinrib as inventors, the application being incorporated herein by
`
`reference in its entirety.
`
`,
`
`_
`
`Ora/$113 3’15
`WWW
`This application relates to application serial no.
`9%); filed on same day herewith, entitled "Browse Hierarchies Customized for Rules Based
`Custom Catalogs" and naming Scott Bonneau, Michael Nonemacher and Jeremy Weinrib as
`
`
`
`inventors, the application being incorporated herein by reference in its entirety.
`
`
`
`This application relates to application serial n . - e - -
`--
`42%), filed on same day herewith, entitled "A Method For Building Digital Databases
`Optimized For Maintenance, Descriptiveness, And Fast Search" and naming Scott Bonneau
`
`and Michael Nonemacher as inventors, the application being incorporated herein by reference
`
`in its entirety.
`
`7l24llvl
`
`"laser AVABLABLE CQPY
`
`
`
`

`

`
`
`Application No.
`
`09/884,180
`Examiner
`
`BONNEAU ET AL.
`
`
`
`
`Applicant(s)
`
`
`
`Issue Classification
`
`
`
`
`
`
`
`
`CROSS REFERENCE(S)
`ORIGINAL
`
`SUBCLASS
`i
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`
`100
`
`
`
`IHI—fl-
`
`
`
`III_-
`/
`.
`
`
`
`
`
`
`ST. JOHN COURTEMAY ill
`Assistant Examiner
`PRIMARY EXAMINER
`
`
`4
`t. Joh Courtenaylll
`
`/”
`,W 88' '-
`
` (Legal instruments Examiner) (Date)
`'
`('rimaryExaminer)
`(Date)
`
`
`
`E] Claims renumbered in the same order as presented by applicant
`[:1 CPA
`
`/ /
`
`a
`E
`U.
`
`1
`2
`3
`7
`8
`4
`5
`9
`10
`11
`12
`13
`
`6
`
`3
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`5
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`3
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