UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`111112,990
`
`04/22/2005
`
`Keith R. McNally
`
`ATTORNEY DOCKET NO.
`1004293.005 us
`
`CONFIRMATION NO.
`
`7098
`
`02/02/2012
`
`7590
`Fabiano Law Firm, P.C.
`Suite 300
`12526 High Bluff Drive
`San Diego, CA 92130
`
`EXAMINER
`
`BROPHY, MATTHEW J
`
`ART UNIT
`
`PAPER NUMBER
`
`2191
`
`DATE MAILED: 02/02/2012
`
`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 926 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 926 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0 101 or (571 )-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of3
`
`

`

`Privacy Act Statement
`
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`
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`law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`

`

`Notice of Allowability
`
`11/112,990
`Examiner
`
`MCNALLY ET AL.
`Art Unit
`
`Application No.
`
`Applicant(s)
`
`MATTHEW BROPHY
`
`2191
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`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 ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. [8J This communication is responsive to Applicant's amendment of December 16.2010.
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ;the restriction
`requirement and election have been incorporated into this action.
`3. [8J The allowed claim(s) is/are 103-107, and 115-127, renumbered 1-18.
`4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`5. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) 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 ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121 {d).
`7. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`
`3. [8J Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 10/1/2010
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. [8J Interview Summary (PT0-413),
`Paper No./Mail Date 10/24/2011 .
`7. [8J Examiner's Amendment/Comment
`
`8. [8J Examiner's Statement of Reasons for Allowance
`9. D Other __ .
`/Lewis A Bullock, Jr./
`Supervisory Patent Examiner, Art Unit 2193
`
`U.S. Patent and Trademark Off1ce
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20111216
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`2.
`
`3.
`
`4.
`
`This office action is in response to the amendment filed December 16, 2010.
`
`Claims 103-108 and 115-127 are pending.
`
`Claims 103, 118 and 122 are amended herein. Claim 108 is canceled.
`
`Applicant's Affidavit submitted December 16, 2010 is moot in view of the current
`
`amendment.
`
`5.
`
`The Information Disclosure Statement of October 1, 2010 has been considered
`
`herein.
`
`EXAMINER'S AMENDMENT
`
`1.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Michael Fabiano on December 15, 2011.
`
`The application has been amended as follows:
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 3
`
`103. (Currently Amended) An information management and real time
`
`synchronous communications system for configuring and transmitting hospitality menus
`
`comprising:
`
`a. a central processing unit,
`
`b. a data storage device connected to said central processing unit,
`
`c. an operating system including a first graphical user interface,
`
`d. a master menu including at least menu categories, menu items and modifiers,
`
`wherein said master menu is capable of being stored on said data storage device
`
`pursuant to a master menu file structure and said master menu is capable of being
`
`configured for display to facilitate user operations in at least one window of said first
`
`graphical user interface as cascaded sets of linked graphical user interface screens,
`
`and
`
`e. menu configuration software enabled to generate a programmed handheld
`
`menu configuration from said master menu for wireless transmission to and
`
`programmed for display on a wireless handheld computing device, said programmed
`
`handheld menu configuration comprising at least menu categories, menu items and
`
`modifiers and wherein the menu configuration software is enabled to generate said
`
`programmed handheld menu configuration by utilizing parameters from the master
`
`menu file structure defining at least the menu categories, menu items and modifiers of
`
`the master menu such that at least the menu categories, menu items and modifiers
`
`comprising the programmed handheld menu configuration are synchronized in real time
`
`with analogous information comprising the master menu,
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 4
`
`wherein the menu configuration software is further enabled to generate the
`
`programmed handheld menu configuration in conformity with display sereen parameters
`
`a customized display layout unique to the wireless handheld computing device to
`
`facilitate user operations with and display of the programmed handheld menu
`
`configuration on the display screen of a handheld graphical user interface integral with
`
`the wireless handheld computing device, wherein said display sereen parameters
`
`eomprise at least customized display layout is compatible with the displayable size of
`
`the handheld graphical user interface wherein the programmed handheld menu
`
`configuration is configured by the menu configuration software for display as
`
`programmed cascaded sets of linked graphical user interface screens appropriate for
`
`the display screen parameters customized display layout of the wireless handheld
`
`computing device, wherein said programmed cascaded sets of linked graphical user
`
`interface screens for display of the handheld menu configuration are configured
`
`differently from the cascaded sets of linked graphical user interface screens for display
`
`of the master menu on said first graphical user interface, and
`
`wherein the system is enabled for real time synchronous communications to and
`
`from the wireless handheld computing device utilizing the programmed handheld menu
`
`configuration including the capability of real time synchronous transmission of the
`
`programmed handheld menu configuration to the wireless handheld computing device
`
`and real time synchronous transmissions of selections made from the handheld menu
`
`configuration on the wireless handheld computing device, and
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 5
`
`wherein the system is further enabled to automatically format the programmed
`
`handheld menu configuration for display as cascaded sets of linked graphical user
`
`interface screens appropriate for a customized display layout of at least two different
`
`wireless handheld computing device display sizes in the same connected system, and
`
`wherein a cascaded set of linked graphical user interface screens for a wireless
`
`handheld computing device in the system includes a different number of user interface
`
`screens from at least one other wireless handheld computing device in the system.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 6
`
`104. (Previously Presented) The information management and synchronous
`
`communications system in accordance with claim 103, wherein the system is further
`
`enabled by a communications systemic relationship providing a common, linked system
`
`comprising:
`
`a) A Wireless Hub Application;
`
`b) A Web Hub Application;
`
`c) Linked Databases between two or more different Hospitality Applications; and
`
`d) A Communications Setup Application.
`
`105. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103 wherein the
`
`information from the POS database is automatically imported into the system.
`
`106. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103, wherein the said
`
`Hospitality Applications include at least reservations applications.
`
`107. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103, wherein the said
`
`Hospitality Applications include at least a Ticketing applications.
`
`1 08. (Cancelled)
`
`109. (Cancelled)
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 7
`
`110. (Cancelled)
`
`111. (Cancelled)
`
`112. (Cancelled)
`
`113.(Cancelled)
`
`114. (Cancelled)
`
`115. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103 in which the
`
`wireless handheld computing device is a smart phone.
`
`116. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103, further enabled to
`
`facilitate and complete payment processing directly from the wireless handheld
`
`computing device including: a) Billing; b) Status and c) Payment Information.
`
`117. (Previously Presented) The information management and real time
`
`synchronous communications system in accordance with claim 103, wherein one or
`
`more of the layout, views or fonts of the programmed handheld menu configuration are
`
`created in conformity with the display screen parameters of the wireless handheld
`
`computing device and wherein the system is enabled to generate a view of the
`
`programmed handheld menu configuration for user preview from the central computing
`
`unit and which facilitates a further user manual modification prior to the transmissions of
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 8
`
`the programmed handheld menu configuration to the wireless handheld computing
`
`device.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 9
`
`118. (Currently Amended) An information management and real time
`
`synchronous communications system for configuring and transmitting hospitality menus
`
`comprising:
`
`a) a central processing unit;
`
`b) a data storage device connected to said central processing unit;
`
`c) an operating system including a first graphical user interface, said operating
`
`system configured to intemperate with the central processing unit, the data storage
`
`device and application software;
`
`d) a master menu including menu categories and menu items, wherein said
`
`master menu is capable of being stored on said data storage device pursuant to a
`
`master menu file structure and said master menu is capable of being configured for
`
`display to facilitate user operations in at least one window of said first graphical user
`
`interface as cascaded sets of linked graphical user interface screens; and
`
`e) a modifier menu capable of being stored on said data storage device, and
`
`menu configuration software enabled to automatically generate a programmed
`
`handheld menu configuration from said master menu for display on a wireless handheld
`
`computing device, said programmed handheld menu configuration comprising at least
`
`menu categories, menu items and modifiers and wherein the menu configuration
`
`software is enabled to generate said programmed handheld menu configuration by
`
`utilizing parameters from the master menu file structure defining at least the categories
`
`and items of the master menu and modifiers from the modifier menu at least the menu
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 10
`
`categories, menu items and modifiers comprising the programmed handheld menu
`
`configuration are synchronized in real time with analogous information comprising the
`
`master and modifier menus wherein the menu configuration software is further enabled
`
`to generate the programmed handheld menu configuration in conformity with display
`
`sereen parameters a customized display layout unique to the wireless handheld
`
`computing device to facilitate user operations with and display of the programmed
`
`handheld menu configuration on the display screen of a handheld graphical user
`
`interface integral with the wireless handheld computing device, wherein said display
`
`sereen parameters eomprise at least customized display layout is compatible with the
`
`displayable size of the handheld graphical user interface,
`
`wherein the programmed handheld menu configuration is configured by the
`
`menu configuration software for display as cascaded sets of linked graphical user
`
`interface screens appropriate for the display sereen parameters customized display
`
`layout of the wireless handheld computing device, wherein said cascaded sets of linked
`
`graphical user interface screens for display of the programmed handheld menu
`
`configuration are configured differently from the cascaded sets of related graphical user
`
`interface screens for display of the master menu on said first graphical user interface,
`
`and
`
`wherein the system is enabled for real time synchronous communications to and
`
`from the wireless handheld computing device utilizing the programmed handheld menu
`
`configuration including the capability of real time synchronous transmission of at least
`
`the menu categories, menu items and modifiers comprising the programmed handheld
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 11
`
`menu configuration to the wireless handheld computing device and real time
`
`synchronous transmissions of selections made from the handheld menu configuration
`
`on the wireless handheld computing device, and
`
`wherein the system is further enabled to automatically format the programmed
`
`handheld menu configuration for display as cascaded sets of linked graphical user
`
`interface screens appropriate for a customized display layout of at least two different
`
`wireless handheld computing device display sizes in the same connected system, and
`
`wherein a cascaded set of linked graphical user interface screens for a wireless
`
`handheld computing device in the system includes a different number of user interface
`
`screens from at least one other wireless handheld computing device in the system.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 12
`
`119. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance with claim 118, further including a
`
`communications systemic relationship comprising:
`
`a) A Wireless Hub Application;
`
`b) A Web Hub Application;
`
`c) Linked Databases Between two or more different Hospitality Applications; and
`
`d) A Communications Setup Application
`
`120. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance with claim 118, wherein at least two different
`
`hospitality software applications are integrated between and with one another.
`
`121. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance with claim 118, wherein the system enables
`
`automatic importation of the POS database information into the system.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 13
`
`122. (Currently Amended) An information management and real time
`
`synchronous communications system for use with wireless handheld computing devices
`
`and the internet comprising:
`
`a) a master database connected in said system and configured to store
`
`hospitality application information pursuant to a master database file structure;
`
`b) at least one wireless handheld computing device connected in said system
`
`and configured to display said hospitality application information;
`
`c) at least one web server connected in said system and configured to display
`
`said hospitality application information;
`
`d) at least one web page connected in said system and configured to display said
`
`hospitality application information; and
`
`e) real time communications control software enabled to link and synchronize
`
`hospitality application information simultaneously between the master database,
`
`wireless handheld computing device, web server and web page,
`
`wherein the communications control software is enabled to utilize parameters
`
`from the master database file structure to synchronize the hospitality application
`
`information in real time between the master database, at least one wireless handheld
`
`computing device, at least one web server and at least one web page such that
`
`substantially the same information comprising the hospitality application information is
`
`capable of being displayed on the wireless handheld computing device, at least one
`
`web page and other display screens of the synchronized system, such that the
`
`hospitality application information is synchronized between any connected users,
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 14
`
`wherein the communications control software is enabled to act as a real time
`
`interface between the elements of the system and any applicable communications
`
`protocol,
`
`wherein the communications control software is enabled to automatically and
`
`simultaneously configure the hospitality application information for display on both the
`
`wireless handheld computing device and the web page in conformity with display sereen
`
`parameters a customized display layout unique to the wireless handheld computing
`
`device or the web page, wherein said display sereen parameters eomprise at least
`
`customized display layout is compatible with the displayable size of the handheld
`
`computing device display screen or the web page, and
`
`wherein the communications control software is further enabled to automatically
`
`format a programmed handheld configuration for display as cascaded sets of linked
`
`graphical user interface screens appropriate for a customized display layout of at least
`
`two different wireless handheld computing device display sizes in the same connected
`
`system, and
`
`wherein a cascaded set of linked graphical user interface screens for a wireless
`
`handheld computing device in the system includes a different number of user interface
`
`screens from at least one other wireless handheld computing device in the system, and
`
`wherein the system is enabled for real time synchronous transmission of the
`
`configured hospitality application information to the wireless handheld computing
`
`device, the web server and the web page and real time synchronous transmissions of
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 15
`
`inputs responding to the configured hospitality application information from the wireless
`
`handheld computing device, or the web server or the web page.
`
`123. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance with claim 122, further including a
`
`communications systemic relationship comprising: a) A Wireless Hub Application; b) A
`
`Web Hub Application; c) Linked Databases Between two or more different Hospitality
`
`Applications; and d) A Communications Setup Application.
`
`124. (Previously Presented) The information management and real time synchronous
`
`communications system of claim 122, wherein the system is enabled to automatically
`
`import the information from the POS (point of sale) database into the system.
`
`125. (Previously Presented) . The information management and real time synchronous
`
`communications system of claim 122, wherein at least two different hospitality
`
`applications are integrated between and with one another.
`
`126. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance with claim 122, wherein the hospitality
`
`application information also includes the completion of payment processing.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 16
`
`127. (Previously Presented) The information management and real time synchronous
`
`communications system in accordance claim 122, wherein the configured wireless
`
`handheld computing device is a smart phone.
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Reasons for Allowance
`
`Page 17
`
`2.
`
`The following is an examiner's statement of reasons for allowance:
`
`None of the prior art on the record, alone or in reasonable combination teach the
`
`limitations:
`
`to automatically format the
`further enabled
`is
`the system
`wherein
`programmed handheld menu configuration for display as cascaded sets of
`linked graphical user interface screens appropriate for a customized
`display layout of at least two different wireless handheld computing device
`display sizes in the same connected system, and
`
`wherein a cascaded set of linked graphical user interface screens for a
`wireless handheld computing device in the system includes a different
`number of user interface screens from at least one other wireless
`handheld computing device in the system.
`
`When combined with the other limitations of claim 103, 118 and 122. Specifically in
`
`these independent claims, the menu generation software and hospitality applications, in
`
`the context of the claimed system, which automatically create programmed handheld
`
`menu configuration displayed as cascaded sets of graphical user interface screens for
`
`at least two different display sizes and including at least two cascaded sets of GUis with
`
`disparate screen counts is not found in the prior art as of the priority date September 21,
`
`1999. No prior art of record, nor any obvious combination to teaches all limitations of the
`
`newly amended independent claims.
`
`The previously applied prior art, Micro's '97, USPN 6,300,947 and USPN
`
`5,974,238 do not teach or render obviously the newly amended claim limitations.
`
`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
`
`

`

`Application/Control Number: 11/112,990
`Art Unit: 2191
`
`Page 18
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`accompany the issue fee. Such submissions should be clearly labeled "Comments on
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`Statement of Reasons for Allowance."
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MATTHEW BROPHY whose telephone number is
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`5:00PM EST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Wei Zhen can be reached on (571) 272-3708. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Application/Control Number: 11/112,990
`Art Unit: 2191
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`Page 19
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`MJB
`12/16/2011
`
`/Lewis A Bullock, Jr./
`Supervisory Patent Examiner, Art Unit 2193
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`