ISSUECLASSIFICA-T«|0N
`
`u‘rn.rrv
`253321 us/02313
`SERIAL uuunea
`FIUNG DATE
`(IE:/(123,
`(I2/26-/93
`
`EARTHUR R. HAIR, PITTSBURGH. PA.
`0
`A
`'
`.g.q::§:|'_j['|NTINU1’N|'_.§ }}A'['-(.\:t‘::l::!:=t:1:$>i:$;l=:t¢=t:4==|=#f3==r*'
`
`THIS QPPLN IS A,l31Z|N 13F
`WHICH 18 f-\ CIIIN CJF
`
`GRflNTED‘U3/25/93
`
`,
`
`_
`' V"
`Foreign nuomy cl-In-ed
`C] no
`35 use us condlllons nm D vs:
`Vorlilod and Acknowleditd
`'
`M . SCHWARTZ
`3
`{-’\I|3i STREET .-
`
`mogp,
`cuums nsczweo
`
`ATTORNEY'S
`oocxrrr no.
`HAIF\".‘1|:Cl:lNT I I
`
`PARTS OF APPLICATION
`FILED SEPARATELY
`
`NOTICE OF ALLOWANCE MAILED
`
`- - Iications Examiner
`
`CLAIMS ALLOWED
`Total Claims
`Print Claim
`
`Assistant Examiner_
`
`-
`
`Amount Due
`
`Date Paid
`
`Sheets Drwg.
`
`.
`
`1
`
`Label
`Area
`
`Form PTO-436A
`(Rev. 8/92)
`
`I
`
`‘
`
`'
`
`«
`ISSUE
`BATCH
`Primary Examiner NUMBER
`PREPARED FOR ISSUE
`_
`_
`‘
`_
`_
`WARNING: The information disclosed herein’ may be restricted. Unauthorized disclosure may be prohibited
`by the United Slates Code Title 35. Sections 122, 181 and 366. Possession outside the US.
`Patent 8. Trademark Oflice is restricted to authorized employees and contractors only.
`
`‘
`
`7
`
` 00001
`
`

`
`Page 00002
`
`

`
`$3.3%
`
`
`
`zo§.om_mmSomama.
`
`r
`
`G..
`
`mammmnE
`
`PATENT . _
`
`NUMBER -, I
`
`PATENT DATE
`
`CORPS CORR.
`
`FILE MAINT
`
`_moEx OF cLA|M'sC 1
`
`SVMEULS
`
`3557
`
`
`
`EgimrmO©%<.
`
`Page 00003
`
`

`
`UH/023398.
`
`DOCMNQ
`
`HAIR—l CONT II
`
`PA TENT
`
`Washington, D.C. 20231
`
`'
`
`NEW APPLICATION TRANSNHITAL
`
`Transmitted herewith for filing is the patent application of
`inventor(s):
`Arthur R. Hair
`
`WARNING: ‘Patent must be applied for in the name(s) of all of the actual invemorrsl. 37 CF»? r.41(a) and
`1.53(b).
`
`For (title):
`
`A SYSTEM FOR TRANSMITTING DIGITAL VIDEO OR
`AUDIO SIGNALS
`
`' 1. Type of Application
`
`This new application is for a(n) (check one applicable item below):
`
`WARNING: Do not use this transmittal for a mmpletian in the U..S‘. of an International Applimtion under 35
`U.S.C. 371(c)(4) unless the International App/imtian is being mad as a divisional continuation or
`oonahuation-in-pan application
`'
`
`NOTE:
`
`If one of the following 3 items apply men complete and attach ADDED PAGES FOR NEW APPLlO1-
`770N Tr’-7A NSMITTAL WHERE BENE.-77 OF A PRIOR U.5. APPUCA 77ON CLAIMED and a NOT7FlCA-
`TION IN PA RENT APPLJCA 770N OF THE .-‘-'ll,.lNG OF THIS CON77NUA 770N AFFLICA TION.
`
`E Divisional
`
`[E Continuation
`
`E Continuation-in-pan (CIP)
`
`CERTIFICATION UNDER 37 CH’! 1.10
`
`I hereby certify that this New Application Transmittal and the documens referred to as enciosed therein are being
`deposited with the United States Postal Service on this date
`Februar
`26
`1993
`in an emeiope
`as “_xvi-ess Mail .°ostO1‘fice to Addressee" Mailing Label NumberT:Ui addressed
`to the: Commissioner of Patents and Trademarks. Washington. D.C. 20231.
`Trace‘! L . Milka
`
`('I'yp?/(print name of person.ma.iIir19 Paper)
`tat‘
`x4~%mJue;
`(Signature of person mailing paper)
`
`NOTE: Each paper or fee referred to as enciosed herein has the number of the "Express Mail" mailing lapel
`placed rnereon prior to mailing. J7 Ci-‘F7 1. 10(0).
`
`(Application Transmittal [4-1]—page 1 of 7)
`
`s NUMBER-CUSTOMER
`2EE?s'1§TT:i'iLL as MAILED TO vou._
`
`TBE5EBB?33BUS
`
`Page 00004
`
`

`
`-t
`v-
`
`“
`
`V
`
`.
`
`‘
`
`‘V
`
`2. Benefit of Prior U.S. AppIication(s) (35 USC 120)
`NOTE ll the new application being transmitted is a divisional continuation or a continuation-in-part of a parent
`case. or where the parent case is an International Application which designated the U. 5.. then check
`the following item and complete and attach ADDED PAGES FOR NEW APPLICA TICN THANSMITTAL
`WHERE BENEFIT OF PRIOR U.S. APPLICA TION(S) CLAIMED.
`
`[I The new application being transmitted claims the benefit of prior U.S. applica-
`tion(s) and enclosed are ADDED PAGES FOR NEW APPLICATION TRANSMIT-
`TAL WHERE BENEFIT OF PRIOR U.S. APPLlCATlON(S) CLAIMED.
`3. Papers Enclosed Which Are Required For Filing Date Under 37 CPR 1.53(b) (Reg-
`ular) or 37 CFR 1.153 (Design) Application
`1 1 Pages of specification
`
`_l.L. Pages of claims
`
`:1- Pages of Abstract
`
`_L Sheets of drawing
`
`E formal
`
`informal
`
`WARNING: DO NOT submit original drawings. A high quality copy of the drawings should be supplied when
`filing a patent application. The drawings that are submitted to the Office must be on stung, white.
`smooth, and non-shiny paper and meet the standards according to § 1.84. if correcaons to the
`drawings are necessary, they should be made to the original drawing and a high-quality copy of
`the corrected original drawing then submitted to the Office. Only one copy Is required or de-
`sired. Comments on proposed new 37 CF}? 1.84. Nadce of March 9, 1968 (1990 0. G. 57-62).
`“ldenfifying indicia such as the serial number. group and unit,
`title of the invention, attomey’s docket
`number, Inventor's name, number of sheets. etc.. not to exceed 23/4 inches (7.0 cm.) in width may be
`placed in a centered location between me side edges within three fourths inch (19. 1 mm.) of the top
`edge. Ether this marking technique on the front of the drawing or me placement. although not pre-
`ferred. of this information and the title of me invention an the back of the drawings is accepmble. " Pro-
`posed 37 CF)? 1.84(1). Notice of March 9, 1988 (1090 O.G. 57-62).
`
`NOTE:
`
`'
`
`4. Additional papers enclosed
`
`Q Preliminary Amendment
`
`[j
`
`Information Disclosure Statement (37 CPR 1.98)
`
`[:3 Form PTO-1449
`
`1:] Citations
`
`Q Declaration of Biological Deposit
`
`D Submission of "Sequence Listing," computer readable copy and/or amendment
`pertaining thereto for biotechnology invention containing nucleotide and/or
`amino acid sequence.
`
`Authorization of Attomey(s) to Accept and Follow Instmctions from Representa-
`tive
`
`Special Comments
`Other
`
`(Application Transmittal [4-1]—page 2 of 7)
`
`Page 00005
`
`

`
`ll
`(l\ci.:—- HY.‘ ruu.v.nu<
`
`4
`
`5. Declaratiopoatn
`
`IX] Enclosed
`
`0
`
`executed by (check all applicable boxes)
`
`N inventor(s).
`
`D legal representative of inventor(s). 37 CFR 1.42
`or 1.43
`
`(3
`
`joint inventor or person showing a proprietary
`interest on behalf of inventor who refused to
`
`sign or cannot be reached.
`
`[3
`
`this is the petition required by 37 CFR 1.47 and the statement
`required by 37 CPR 1.47 is also attached. See item 13 below for
`fee.
`-
`
`El Not Enclosed.
`
`WARNING: Where the filing is a completion in the US. of an lntemational Application but where a declaration is not
`available or where the completion of the US. application contains subject matter in addition to the
`International Application the application may be treated as a continuation or continuation-in-part, as the
`case may be, utilizing ADDED PAGE FOR NEW APPUCA TION TPANSMITTAL WHERE BENEFIT OF PRIOR
`U.S. APPUCA TION CLAIMED.
`
`Cl Application is made by a person authorized under 37 CFR 1.41(c) on behalf
`Of all the above named inventor(s). (The declaration or oath. along with the surcharge
`required by 37 CFH 1. 16(9) can be filed subsequently).
`It is important that all the correct inventorls) are named for filing under 37 CFR l.41{c) and 1.53(b).
`
`NOTE:
`
`U Showing that the filing is authorized. (Not required unless called into quesfion.
`37 CFH 7.41(d).
`
`6.
`
`lnventorship Statement
`WARNING:
`If the named inventors are each not the inventors of all the claims an explanation, including theownership
`of the various claims at the time the last chimed invention was made, should be submitted.
`
`The lnventorship for all the claims in this application are:
`(Xi The same
`
`OF
`
`L] Are not the same. An explanation. including the ownership of the various claims at the
`time the last claimed invention was made,
`
`E1
`
`is submitted.
`
`[3 will be submitted.
`
`7. Language
`NOTE: An application including a signed oath or declaration may be filed in a language other than English.
`A verified English translation of the non-English language application and the processing fee of
`3130.00 required by 37 CFH 1. 17(k) is required to be filed with me application or wimin such time
`as may be set by the Oflice. 37 CFR 1.52(d).
`NOTE‘ A non-English oath ordeclaration in me form provided or approved by me PTO need nctbe translated.
`37 OFF! 1.E9(b).
`
`Kl English
`
`C]
`
`non-English
`
`D the attached translation is a verified translation. 37 CFR 1.52(d).
`
`(Application Transmittal [4-l]—page
`
`3 of 7)
`
`Page 00006
`
`

`
`8. Assignment
`
`D An assignment of the invention to
`
`D is attached. A separate 0 "COVER SHEET FOR ASSIGNMENT (DOCU-
`MENT) ACCOMPANYING NEW PATENT APPLICATION" or D FORM PTO
`1906 is also attached.
`
`I] will follow.
`
`- NOTE ‘I! an assignment is submitted with a new application. send two separate letters-one for the
`application and one for the assignment.‘ Notice of May 4. 1990 (1114 0.6. 77-78).
`
`9. Certified Copy
`
`Certified copy(ies) of application(s)
`
`(country)
`
`I (country)
`
`(country)
`from which priority is claimed
`
`is(are) attached. ‘
`Cl
`C] will follow.
`
`(appln. no.)
`
`(appln. no.)
`
`(appln. no.)
`
`NOTE The foreign application forming the basis for me claim for priority must be referred to in the oath or
`declamtion. 37 OFF? 1.55la) and 1.63.
`
`NOTE: This item is for any foreign priority for which me applicadan being filed directly relates. If any parent
`U.5‘. application or lntemadona: Application from which this applicafion claims benefit under 35 U.S. C.
`120 is itself entitled to prionzfx from a prior foreign application then complete item 18 on the ADDED
`PAGES FOR NEW APPLICA T7ON TFIANSMITTAL WHERE BENEFIT OF PRIOR u.s. APPLICA-
`TION(S) CLAIMED.
`
`10. Fee Calculation (37 CFR 1.16)
`
`A.
`
`8] Regular application
`
`Number filed
`
`Number Extra
`
`CLAIMS AS F!LED
`
`Total
`
`-
`
`-20=
`
`Claims (37 CFR 1.16(c)) 3]
`Independent
`Claims (37 can 1.16(b))
`
`8 —3=
`
`Basic Fee
`37 CFR 1.16(a)
`$710.00
`
`1]
`
`5
`
`X
`
`x
`
`3 22.00
`
`242.00
`
`s 74.00
`
`3'70-00
`
`Multiple dependent ciaim(s), if any
`(37 CFR 1.16(d))
`
`.
`
`$230.00
`
`D Amendment cancelling extra claims enclosed.
`
`D Amendment deleting multiple-dependencies enclosed.
`Cl
`Fee for extra claims is not being paid at this time.
`NOTE I! the fees for extra claims are not paid on filing they must be paid or the claims cancelled by
`amendment. prior to the expiration of me time period set for response lay the Patent and Trademark
`Ofiice in any notice of lee deficiency. 37 CFR t.15(d)-
`
`Filing Fee Calculation s
`
`(Application Transmittal [4-lI—pzlge
`
`4 Of 7)
`
`Page 00007
`
`

`
`B. E] Design application
`($280.00—37 CF-‘R 1.16(i))
`
`Filing Fee Calculation
`
`C. D Plant application
`($460.00—37 CFR 1.16(g))
`
`11.
`
`Small Entity $tatement(s)
`
`Filing fee calculation
`
`$
`
`.
`
`[X] Verified Statementis) that this is a filing by a small entity under 37 CFR 1.9 and
`1.27 is(are) attached.
`
`Filing Fee Calculation (50% of A, B or C above)
`NOTE: Any excess of the full fee paid will be refunded if a verified smtement and a refund request are filed
`within 2 months of the date of timely payment of a hill tee. 37 CFR 1.28(a).
`
`5
`
`661.00
`
`12. Request for international-Type Search (37 CFR 1.104(d)) (complete, if applicable)
`
`B Please prepare an intemational-type search report for this application at the
`time when national examination on the merits takes place.
`
`13. Fee Payment Being Made At This Time
`
`[:1 Not Enclosed
`
`g
`
`[:1 No filing fee is to be paid at this time. (This and the surcharge required by
`37 CFR 1.16(e) can be paid subsequently.)
`
`$ '661.00
`
`.
`
`S
`
`Enclosed
`basic filing fee
`
`C]
`
`D
`
`recording assignment
`($40.00; 37 CFR 1.21(h))
`
`petition tee tor filing by other
`than all the inventors or person
`on behalf of the inventor where
`inventor refused to sign or cannot
`be reached. ($130.00; 37 CFR
`~ 1.47 and 1.170»)
`
`for processing an application with
`a specification in a non-English
`language. ($130.00: 37 CFR 1.52(d) and
`1.17(k)
`
`E]
`
`processing and retention fee
`($130.00; 37 CFR 1.53(d) and 1.21(l))
`
`D
`
`fee for intemational-type search report ($35.00;
`$
`37 CFR 1.21(e)).
`NOTE 37 CFR 1.21(I) establishes a fee for processing and remining any applimtion which is abandoned for
`failing to complete the application pursuant to 37 CFR 1.53(d) and this. as well as the changes to 37
`CFR 1.53 and 1.78, indicate that in order to obtain the benefit at a prior U.S. application. either the be-
`sic filing fee must be paid or the processing and retenfion fee of 5 1.21m must be paid within 1 year
`from notification under § 53(d).
`Total tees enclosed
`
`S
`
`651 - 00
`
`(Application Transmittal [4-1]—page 5 of 7)
`
`Page 00008
`
`

`
`14. Method of Payment of Fees
`
`E] Check in the amount of$
`
`E] Charge Account No.
`duplicate of this transmittal is attached.
`
`- in the amount of S
`
`A
`
`NOTE Fees should be itemized in such a manner that it is clear /or which purpose die lees are paid. 37 (2-7?
`122(0).
`
`15. Authorization to Charge Additional Fees
`
`WARNING:
`If no fees are to be paid on filing me following items should not be completed
`WARNING: Accurately count claims. especially multiple dependent claims. to avoid unexpected high chargs,
`if extra claim charges are authorized.
`
`[3 The Commissioner is hereby authorized to charge the following additional fees
`by this paper and during the entire pendency of this application to Account No.
`12-0737
`-
`
`Q 37 CFFI 1.16(a), (f) or (g) (filing fees) .
`
`37 CFR 1.16(b). (c) and (d) (presentation of extra claims)
`NOTE: Because additional fees for excess or multiple dependent claims not paid on li‘lir'ig or on later presenta-
`don must only be paid or these claims cancelled by amendment prior to me expiration of me h'me peri-
`od set for response by the PTO in any notice of fee defiaency (.77 CFR 1. t5(d)), it might be bat not to
`authorize me PTO to charge additional claim lees. except possibly when dealing wim amendments af-
`ter final acdon.
`
`[:1 37 CFR 1.16(e) (surcharge for filing the basic filing fee and/or declaration
`on a date later than the filing date of the application)
`
`D 37 CFR 1.17 (application processing fees)
`WARNING: While 37 CFFI 1.17(a), (b), (c), and (d) deal with extensions of time under§ 1. 136(a) mis aumon'a-
`lion should he made only with the knowledge mat: "Submission of the appropriate extension fee
`under 37 C.F. H. l.136(a) is to no avail unless a request or petition /or extension is filed. "(Empha-
`sis added). Notice of Novemberfi 1985 (1060 O. G. 27).
`
`D 37 CFFi 1.18 (issue fee "at or before mailing of Notice of
`Allowance. pursuant to 37 CFR 14.311(b))
`
`"NOTE: Where. an authorimtion to charge the issue fee to a deposit account has been filed before the mailing
`ofa Notice of Allowance. the issue fee will be automafically charged to the deposit account at the time
`of mailing the notice of allowance. 37 CF}? 1.31 1(b).
`
`NOTE 37 CFR 1.28(b) requires "Notifimtion of any change in loss of entitlement to small entity smtus must be
`filed in the application .
`.
`.. prior to paying, orat the time ofpaying, .
`.
`. issue fee". From the wording of
`37 CF? 1.28(b): la) nodficafion oi cnengegof status must be made even if the fee a paid as "other than
`a small entity" and (b) no notification is required if the change is to anothersmall enfity.
`
`16.
`
`Instructions As To Overpayment
`
`Q‘ credit Account No. 49")7 3 7
`
`D refund
`
`Reg. No.
`
`30 , 58 7
`
`Tel. NO. (412) 621-9222
`
`SIGNATURE or ATTORNEY
`Ansel M. Schwartz
`
`Type or print name of attorney
`Attorney at Law_:_j__
`P.O.Address
`
`‘ Street Suite 301
`
`Pittsburgh , PA
`15213
`
`(Application Transmittal [4-1]—-page 6 of 7)
`
`Page 00009
`
`

`
`[3]
`
`Incorporation by reference of added pages
`
`Check the following item if the application in this transmittal claims the ben-
`efit of prior U.S. appIir2tion(s) (including an intemational application enter-
`ing the MS. stage as a continuafion, divisional or C-I-P application) and
`complete and attach the ADDED PAGES FOR NEW APPLICATION
`TFANSMFITAL WHERE BENEFIT OF PRIOR U.S. APPL/CATlON(S)
`CLAIMED
`
`@ Plus Added Pages For New Application Transmittal Where Benefit 01‘ Prior U.S.
`Application(s) Claimed
`
`Number of pages added
`
`5
`
`Q Plus Added Pages For Papers Fleferred To In Item 4 Above
`Number of pages added
`
`[:1 Plus "Assignment Cover Letter Accompanying New Application"
`Number ot pages added
`
`E] Statement Where No Further Pages Added
`
`(If no further pages fonn a part of We Transmittal then end mis Transmittal
`with this page and check the following item)
`
`[:1 This transmittal ends with this page.
`
`(Application Transmittal [4-1}—page 7 of 7)
`
`Page 00010
`
`

`
`3
`
`U
`
`ADDED PAGES FOR APPLICATION TRANSMFITAL WHERE BENEFIT OF
`PRIOR U.S. APPLICA'I'ION(S) CLAIMED
`
`NOTE:
`
`‘‘In order for an application to claim the benefit of a prior filed copending national application, the prior
`application must name as an inventor at least one inventor named in the later filed application and dis-
`close the named inventors invention claimed in at least one claim of the later filed application in the
`manner provided by the first paragraph of 35 U.S.C. 112. " 37 CFH 1.78(a).
`"ln addition the prior application must be (1) complete as set forth in § 1.51, or (2) entitled to a filing
`date as set forth in § 1.53(b) and include the basic filing fee set forth in § 1.16: or (3) entitled to a filing
`date as set forth in § 1.53(b) and have paid therein the processing and retention fee set forth in
`§ 1.21(1) within me fime period set forth in 5 1.53(d). " 37 OFF? 178(8).
`17. Relate Back—35 U.S.C. 120
`NOTE:
`
`"Any application claiming the benefit of a prior filed copending national or intemafional application must
`contain or be amended to contain in me first sentence of me specification following the title a reference
`to such prior application identifying it by serial number and filing date or intemational application num-
`ber and international filing date and indicating the relationship of the applications." 37 CF}-'1 1.78(a).
`See also the Nofice of April 28. 1987 (1079 0. G. 32 to 45).
`
`E] Amend the Specification by inserting before the first line the sentence:
`"This is a
`
`continuation
`
`1:]
`
`continuation-in-part
`
`E] divisional
`of copending application(s)
`
`Q serial number 0 7/
`
`586,391
`
`med on
`
`September 18, 1990 "
`
`[:1
`
`NOTE:
`
`NOTE:
`
`International Application
`
`filed on
`_
`and which designated the U.S."
`7'he proper reference to a prior filed PCT applicafion which entered the U.S. national phase is the U.S.
`serial number and the filing date of the PCT applicafion which designated the U.$.
`(1) Where the application being transmitted adds subject matter to the lntemational Application then
`the filing can be as a continuation-in-part or (2) it is desired to do so (or other reasons. e.g. where no
`declaration is available, no English translation is available or no fee is to be paid on filing then the filing
`can be as a continuation. In these cases the lntemational Application designafing the U.S. is vested as
`the parent case in the U.S. and is an alternative to the complefion of the International Application under
`35 U.S. C. 371(c)(4) which must meet me requirements of 37 Ci-‘Fl 1.61(a). This alten-native perrnim the
`completion of the filing requirements wifirin any term set by the PTO under 37 CFFr' 1.53(d) to which the
`extension provisions of 37 CFR 1.136(3) apply. (Whereas, if the filing is as an international application
`entering the U.S. stage than the fee. declaration and/or English translation (where necessary) is due
`within 20 months of the priority date’ but can be paid within 22 months or the priority date (or is due
`within 30 months of the priority date but can be submitted within 32 months of the priority date) with the
`surcharges set forth in 37 CPR 1.492(e), (l) and 37 OFF? 1.495(c); however, the provisions of 37 CFH
`1.136 do n_¢3t apply to this 22 or (32 month) period. 37 CPR 1.61(b).)
`The deadline for entering the national phase in the U.S. for an international application was clarified in
`the Notice of April 28, 1987 (1079 0. G. 32 to 46) as follows:
`"The Patent and Trademark Office considers the International application to be pending unfil the 22nd
`month from the priority date if the United States has been designated and no Demand for lnremational
`Preliminary Examination has been filed prior to the expirafion of the 19th month from the priority date
`and until the 32nd month from the priority date if a Demand for International Preliminary Examination
`which elected the United States of America has been filed prior to the expiration of the 19th month
`from the priority date, provided that a copy ol the international application has been communicated to
`the Patent and Trademark Office within the 20 or 30 month period respectively. II a copy of the intema-
`tional application has not been communicated to the Patent and Trademark Office within the 20 or 30
`month period respectively, the intemafional application becomes abandoned or to the United States 2
`
`(Added Pages for Application Transmittal Where Benefit of Prior U.S. Application(s)
`Claimed [4-1.1]—page 1 of 4)
`
`Page 00011
`
`

`
`-i
`
`or 30 months from the priority date respectivley. These periods have been placed in the rules as para-
`graph (h) of § 1.494 and paragraph (2) of § 1.495. A continuing application under 35 U.S.C. 365(c) and
`720 may be filed anytime dunng the pendency of the international application."
`
`18. Relate Bacl<—-35 U.S.C. 119 Priority Claim for Prior Application
`
`The prior U.S. applicationls), inciuding any prior International Application designating the
`U.S., identified above in item 16, in turn itself claim(s) foreign priority (ies) as follows:
`
`country
`
`appl. no.
`
`filed on
`
`The certified copy (ies) has (have)
`
`[:| been filed on _______ in prior application 0
`filed on
`
`/
`
`is (are) attached
`E]
`WARNING: The certified copy of the priority application which may have been communicated to the PTO by
`the lntemational Bureau may not be relied on without any need to tile 3 certified copy of the prior-
`ity application in the continuing application. This is so because the certified copy of the priority
`application communicated by the lntemational Bureau is placed in a folder and is not assigned a
`U. 5'. serial number unless the national stage is entered. Such folders are disposed of if the na-
`tional stage is not entered. Therefore such cerfified copies may not be available it needed later in
`the prosecution of a continuing application. An alternative would be to physically remove the prior-
`ity documents from the folders and bansfer them to the continuing application. The resources re-
`quired to request transfer. retrieve the folders. make suitable record notations, transfer the certi-
`fied copies, enter and make a record of such copies in the Continuing Application are substantial.
`Accordingly, the priority documents in folders of international applications which have not entered
`
`the national stage;may not be relied on. Notice of April 28, 1987 (1079 0. G. 32 to 46).
`19. Maintenance of Copendency of Prior Application
`NOTE: The PTO finds it useful if a copy of the petition filed in the prior application extending the term /or re-
`sponse is filed with the papers constituong the filing of the continuation application. Notice of Novem-
`ber 5. 1985 (1060 0. G. 27).
`
`A. D Extension ‘of time in prior application
`
`(This item must be completed and the papers filed in the prior application i'f the period
`set in the prior application has run)
`
`E A petition. fee and response extends the term in the pending prior application
`until
`
`[:1 A copy of the petition filed in prior application is attached
`
`3.
`
`[3 Conditional Petition for Extension of ‘lime in Prior Application
`
`(complete this item if previous item not applicable)
`
`E] A conditional petition for extension of time is being filed in the pending prior ap-
`plication.
`
`[j A copy of the conditional petition filed in the prior application is attached
`
`20. Further lnventorship Statement Where Benefit of Prior AppIication(s) Claimed
`NOTE:
`"ll the continuation. coniinuao'on-in-part. or divisional application is filed by less than all the inventors
`named in the prior applicafion a statement must accompany the application when tiled requesfing dele-
`tion or the names of the person or persons who are not inventors of the invention being claimed in the
`continuation." continuation-in-part. or divisional application. " 37 OFF? t.62(a) [emphasis added]. (dealing
`with the /ile wrapper continuation situaaon).
`
`'‘In the case of a continuation-in-part application which adds and claims additional disclosure by
`amendment. an oath or declaration as required by 5 1.63 must be filed. In those situations where a
`new oath or declaration is required due to additional subject matter being claimed. additional inventors
`may be named in the continuing application. In a continuation or divisional application which discloses
`(Added Pages for Application Transmittal Where Benefit of Prior U.S. Application(s)
`Claimed [4-1.1]—-page 2 of 4)
`
`Page 00012
`
`

`
`and claims only subject matter disclosed in a pnor application. no additional oath or declaration is re-
`quired and the application must name as inventors the same or less than all the inventors in the prior
`application. " 37 CFR 1.60(c). (dealing with the continuation situation).
`
`(complete applicable item la). (b) and/or (c) below)
`
`(a)
`
`[3] This application discloses and claims only subject matter disclosed in the prior
`application whose particulars are set out above and the inventor(s) in this appli-
`cation are
`
`E the same
`
`C]
`
`less than those named in the prior application and it is requested that the
`following inventor(s) identified for the prior application be deleted:
`
`(Type name(s) of inventor(s) to be deleted)
`
`(b) E This application discloses and claims additional disclosure by amendment and a
`new declaration or oath is being filed. With respect to the prior application the
`inventorts) in this application are
`
`D the same
`
`D the following additional inventor(s) have been added
`
`(c)
`
`The inventorship for all the claims in this application are
`
`(Type name(s) of inventorls) to be added)
`
`@ the same
`
`E not the same. and an explanation, including the ownership of the various
`claims at the time the last claimed invention was made
`
`D is submitted
`
`D will be submitted
`21. Abandonment of Prior Application (if applicable)
`
`E Please abandon the prior application at a time while the prior application is
`pending or when the petition for extension of time or to revive in that application
`is granted and when this application is granted a filing date so as to make this
`application copending with said prior application.
`NOTE: According to the Notice of May 13, 1983 (103, TMOG 6-7) the filing of a continuation or continuation-lm
`part application is a proper response with respect to a petition for extension of fime or a petition to re-
`vive and should include the express abandonment of the prior application conditioned upon the grant-
`ing of the petition and the granting of a filing date to the continuing applicafion.
`
`22. Petition for Suspension of Prosecution for the Time Necessary to File an
`Amendment
`
`WARNING:
`
`"The claims of a new application may be finally rejected in the first Office action in those situations
`where (1) the new application is a continuing application cl, or a substitute for, an eartier applica-
`tion. and (2) all the claims of the new application (a) are drawn to the same invention claimed in
`the earlier application. and (b) would have been properly finally rejected on the grounds of art of
`record in the next Olfice action if they had been entered in the eanier application." MPEP,
`§ 706.07(b).
`
`NOTE: Where it is possible that the claims on tile will give rise to a first action final for this continuation appli-
`cation and for some reason an amendment cannot be filed promptly (e.g.. experimental data is being
`gathered) it may be desirable to file a petition for suspension of prosecution (or the time necessary.
`
`(Added Pages for Application Transmittal Where Benefit of Prior U.S. Application(s)
`Claimed [4-1.1]—page 3 of 4)
`
`Page 00013
`
`

`
`_ (check me next item, if applicable)
`
`Q There is provided herewith a Petition To Suspend Prosecution for the Time Nec-
`essary to File An Amendment (New Application Filed Concurrently)
`
`23. NOTlFlCATl0N IN PARENT APPLICATION OF THIS FlLlNG
`
`1:] A notification of the filing of this
`(check one of the following)
`
`Q continuation
`
`[j
`
`Cl
`
`continuation-in-part
`
`divisional
`
`is being filed in the parent application from which this application claims priority under 35
`USC § 120.
`
`(Added Pages for Application Transmittal Where Benefit of Prior U.S. Application(s)
`Claimed [4-1.1]—page 4 of 4)
`
`Page 00014
`
`

`
`F
`
`V
`
`.
`
`illll/.:O2.'3A398
`
`ADDED PAGE(S) FOR APPLICATION TRANSIVHITAL WHERE BENEFIT OF
`
`_A PRIOR U.S. APPLICATION CLAHVIED
`
`This is a continuation application of U.S. patent application serial
`
`number 07/586,391 filed September 18, 1990, now U.S. Patent No.
`
`5,191,573,
`
`issued March 2, 1993, which is a continuation application
`
`of U.S. patent application serial number 07/206,497, filed June 13, 1988,
`abandoned.
`
`Addedpage
`
`(Added Page for Special Comments for Application Transmittal Where Benefit of a Prior
`U.S. Application Claimed [4-1.11)
`
`Page 00015
`
`

`
`;5i“:..:x
`
`
`
`PLAIYEACK-O.R.A._.M.-_"
`
`INCOMING R.A.M. 50C
`
`0.
`H
`J
`00:)
`0
`Em
`2
`0
`o
`
`TELEPHONELINES30
`
`
`
`CONTROLI.C.
`
`dz
`
`<
`0.
`
`.J
`O
`tr
`"
`Z
`8
`
`20.4
`
`
`
`CONTROLPANEL
`
`Page 00016
`
`

`
`
`
`vm:-:oDISPLAY 70 .
`
`
`
`CONTROLI.C.
`
`50B
`
`PLAYBACK7 R.A.M.
`
`500
`
`INCOMING R.A.M.
`
`50C
`
`.». -¢‘?'7~"-.-;.
`
`SPEAKERS ao
`
`.1
`ll]
`
`Z40
`
`..
`_I
`
`OKI
`
`-ZOU
`
`Page 00017
`
`

`
`/E%Ross 1iEFERENCE'T0 OTHER PATENTS
`
`\%2> ;é$;fAis
`
`a continuation application of U.S. patent
`
`application serial number 07/586,391 filed September 18, 1990, now
`U.s. Patent No. 5,191,573,
`issued March 2,
`1993, which is a
`
`continuation application of U.S. patent application serial number
`
`07/206,497, filed June 13, 1988, abandoned.
`
`FIELD OF THE INVENTION
`
`The present
`
`invention is
`
`related to a
`
`system and
`
`associated met’oq_fo
`
`the electronic sales and distribution of
`
`to a system.
`signals, and more particularly,
`digital audio€g%zv€§é:
`ser may purchase and receive digital audio or
`and Eeghod which a
`any location which the user has access to
`Avideo signa&’_f
`telecommunications lines.
`
`15
`
`BACKGROUND OF THE INVENTION
`
`The
`
`three basic mediums
`
`(hardware units)
`
`of music:
`
`records,
`
`tapes,
`
`and
`
`compact
`
`discs,
`
`greatly restricts
`
`the
`
`transferability
`inefficiencies.
`
`of music
`
`and
`
`results
`
`in
`
`a
`
`variety
`
`of
`
`CAPACITY:
`
`The individual hardware units as cited above
`
`are limited as to the amount of music that can be stored on each.
`
`MATERIALS:
`
`The materials used to' manufacture
`
`the
`
`hardware units are subject
`
`to damage and deterioration during
`
`normal operations, handling, and exposure to the elements.
`
`Page 00018
`
`

`
`-2-
`
`SIZE:
`
`The physical size of the hardware units imposes
`
`constraints on the quantity of hardware units which can be housed
`
`for playback in confined areas such as
`
`in automobiles, boats,
`
`planes, etc.
`
`RETRIEVAL: Hardware units limit the ability to play,
`
`in
`
`a sequence selected by the user, songs from different albums.
`
`For
`
`example,
`
`if the user wants to play one song from ten different
`
`albums, the user would spend an inordinate amount of time handling,
`
`sorting, and cueing the ten different hardware units.
`
`SALES
`hardware units
`
`AND DISTRIBUTION:
`Prior
`to final purchase,
`need
`to5 be physically transferred from the
`
`manufacturing facility to the wholesale warehouse to the retail
`
`warehouse to the retail outlet,
`
`resulting in lengthy lag time
`
`between music creation and music marketing, as well as incurring
`
`unnecessary
`
`and
`
`inefficient
`
`transfer
`
`and
`
`handling
`
`costs.
`
`Additionally,
`
`tooling costs required for mass production of the
`
`hardware units
`
`and the material cost of
`
`the hardware units
`
`themselves, further drives up the cost of music to the end user.
`
`QUALITY: Until
`
`the recent
`
`invention of Digital Audio
`
`Music, as used on Compact Discs, distortion free transfer from the
`
`hardware units to the stereo system was virtually impossible.
`
`Digital Audio Music is simply music converted into a very basic
`
`computer language known as binary.
`
`A series of commands known as
`
`zeros or ones encode the music for future playback. Use of laser
`
`retrieval of
`
`the binary commands
`
`results in distortion free
`
`transfer of the music from the compact disc to the stereo system.
`
`Quality Digital Audio Music is defined as the binary structure of
`
`the Digital Audio Music. Conventional analog tape recording of
`
`Digital Audio Music is not to be considered quality inasmuch as the
`binary structure itself is not recorded. While Digital Audio Music
`
`Page 00019
`
`

`
`V‘.
`
`J
`
`-3-
`
`on compact discs is a technological breakthrough in audio quality,
`
`the method by which the music
`is sold, distributed,
`stored,
`manipulated,
`retrieved,
`played and protected from copyright
`
`infringements remains as inefficient as with records and tapes.
`
`COPYRIGHT PROTECTION:
`
`Since the invention of
`
`tape
`
`recording devices, strict control and enforcement of copyright laws
`
`have
`
`proved difficult
`
`and
`
`impossible with
`
`home
`
`recorders.
`
`Additionally,
`
`the recent invention of Digital Aud