`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATIENTS
`PO. Box I450
`Alcxnndn'n, Virginia 223 I 34450
`www.usplo.gov
`
`90/006,625
`
`05/05/2003
`
`5576951
`
`103055A
`
`1162
`
`CHARMASSON & BUCHACA & LEACH LLP
`1545 HOTEL CIRCLE SOUTH
`.
`SUITE 150
`SAN DLEGO, CA 92l08-3412
`
`.
`
`.
`
`DATE MAILED: 05/26/2005
`
`PAPER NUMBER
`/§
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`Lockwood Exhibit 2009
`
`G81 V. Lockwood
`
`IPR2014-00025
`
`Lockwood Exhibit 2009
`GSI v. Lockwood
`IPR2014-00025
`
`

`

`
`
`
`Office Action in Ex Parte Reexamination
`
`
`
`
`Control No.
`90/006,625
`
`Examiner
`Robert M. Pond
`
`Patent Under Reexamination
`5576951
`
`Art Unit
`3625
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`
`
`
`
`
`
`
`
`
`bI:l This action is made FINAL.
` aIZ Responsive to the communication(s) filed on 04 October 2004 .
`
`CE] A statement under 37 CFR 1.530 has not been received from the patent owner.
`
`
`A shortened statutory period for response to this action is set to expire g month(s) from the mailing date of this letter.
`Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination
`
`certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c).
`
`If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days
`will be considered timely.
`
`
`
`
`Part |
`THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
` 1.
`[2 Notice of References Cited by Examiner, PTO-892.
`3.
`[:1
`interview Summary, PTO-474.
`
`
`
`
`. 2. [:1 Information Disclosure Statement, PTO-1449. 4. El
`
`
`
` Part II SUMMARY OF ACTION
`
`
`1a.
`
`
`DDKDDDE
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`Claims 1-53 are subject to reexamination.
`
`Claims_ are not subject to reexamination.
`
`Claims ______ have been canceled in the present reexamination proceeding.
`
`Claims_ are patentable and/or confirmed.
`Claims @ are rejected.
`
`Claims
`
`are objected to.
`
`The drawings, filed on
`
`are acceptable.
`
`
`
`
`1b.
`
`mwemeww
`
`. E] The proposed drawing correction, filed on
`
`has been (7a)EI approved (7b)[:] disapproved.
`
`. El Acknowledgment is made ofthe priority claim under 35 U.S.C. § 119(a)—(d) or (f).
`
`a)i:] All b)l:l Some" c)EI None
`
`’
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`of the certified copies have
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1': been received.
`
`2E] not been received.
`
`3E] been filed in Application No.
`
`.
`
`4E] been filed in reexamination Control No.
`
`51:] been received by the International Bureau in PCT application No.
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`9. E] Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal
`matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 CD.
`
`
`
`
`
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`
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`11,453 QC. 213.
` 10. E] Other:
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` cc: Re- uester if third
`
`US. Patent and Trademark Office
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`re
`
`I uester
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`
`PTOL—466 (Rev. 04—01)
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`Office Action In Ex Paqe Reexamination
`
`Part of Paper No. 20050504
`
`1
`
`

`

`Application/Control Number: 90/006,625
`
`Page 2
`
`Art Unit: 3625
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`REEXAMINATION
`
`Response to Amendment
`
`The Patentee submitted a declaration under 37 CFR 1.131 (b). The Patentee '
`
`newly added claims 11-53 in a supplemental amendment filed 04 October 2004
`
`(Paper #12). All pending claims (1-53) were examined in this non-final office
`
`action necessitated by new grounds of rejection.
`
`Response to Arguments
`
`Relection under 102(a2
`
`Applicant's arguments with respect to claims 1-53 have been considered but
`
`are moot in view of the new ground(s) of rejection. Biehal was withdrawn.
`
`Information Networks, Comp-U-Store, and Interactive Video were cited under
`
`35 USC 103(a) as summarized below:
`
`0 Electronic Shopping: remote connections to databases and an
`
`electronic catalog
`
`Information Networks teaches electronic shopping. Shoppers use
`
`personal computers or dumb terminals to remotely connect to information
`
`databases over telecommunications networks to browse or search for
`
`consumer-based services and goods. Shoppers access databases,
`
`conduct searches, shop for services, and order services. Information
`
`Networks further teaches remotely connected shoppers accessing Comp-
`
`2
`
`

`

`Application/Control Number: 90/006,625
`Art Unit: 3625
`
`Page 3
`
`U-Store’s electronic catalog to purchase goods, to make payment by
`
`credit card, and to receive purchased goods at a delivery address.
`
`0 Electronic Shopping: in-store shopping using self-servicing sales
`
`terminals
`
`Comp-U-Store teaches computerized self-servicing terminals being
`
`used in malls and other retailing locations by shoppers. Shoppers use
`
`Comp-U-Store’s electronic merchandising terminal to view images of
`
`goods, purchase goods, and arrange for delivery.
`
`Information Networks in’ view of Comp-U-Store teach or suggest:
`
`0
`
`Implementing electronic shopping for shoppers remotely connected
`
`to Comp-U-Store’s electronic catalog via a telecommunications
`
`network: viewing product information, making a purchase, making
`
`payment, and providing a delivery address.
`
`0 Implementing electronic shopping for in-store shoppers via
`
`computerized merchandising terminals: viewing product images,
`
`making a purchase, and arranging delivery to the store.
`
`0 Using personal computers or dumb terminals as an interface to
`
`communicate over a telecommunications network with information
`
`databases and an electronic shopping catalog.
`
`0 Using personal computers or dumb terminals as a user interface to
`
`communicate with a computerized merchandising computer.
`
`3
`
`

`

`Application/Control Number: 90/006,625
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`Page 4
`
`Art Unit: 3625
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`0 Ordering and purchasing services over a telecommunications
`
`network connecting remote users to databases: e.g. reserving an
`
`airline seat and arranging to pay by credit card, reserving a rental
`
`car and hotel room.
`
`0 Browsing hierarchical menu-driven categories of database
`
`information; using textual key-word searching techniques.
`
`0 Using a laser disc as a storage and retrieval component of an in-
`
`store computerized merchandising terminal.
`
`Telecommunications networks: facilitating electronic shopping
`
`Telecommunications networks connect remote at-home electronic
`
`shoppers using dumb terminals or personal computers to an electronic
`
`catalog. Telecommunications networks can facilitate in-store electronic
`
`shopping as it does at-home electronic shopping- connect in-store
`
`electronic shopping terminals to an electronic catalog or other information
`
`databases.
`
`Self-servicing terminals: laser discs enabling search, retrieval, and
`
`display of interrelated textual and graphicallinformation.
`
`Interactive Video teaches a self-servicing terminal used by consumers
`
`to search and retrieve consumer information. Interactive Video teaches
`
`laser discs and laser video discs providing functionality essential for
`
`storing and randomly retrieving searchable data displayed to users.
`
`4
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`

`

`Application/Control Number: 90/006,625
`
`Page 5
`
`Art Unit: 3625
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`Interactive Video further teaches searchable text, graphics, pictures, full
`
`motion video, audio, and animation data.
`
`Information Networks and Comp-U-Store further in view of Interactive
`
`Video teach or suggest:
`
`0 Using laser discs or laser video discs to provide searchable storage
`
`and retrieval functionality in consumer-based self-servicing
`
`terminals.
`
`0 Interrelating textual and graphical data for search, retrieval, and
`
`display.
`
`0 Storing, retrieving, and displaying text, graphics, pictures, full
`
`motion video, audio, and animation data.
`
`Affidavit/Declaration
`
`Statutory Bar
`
`Information Network Services, Comp-U-Store, and Interactive Video
`
`references are a statutory bar under 35 U.S.C. 102(b) and thus cannot be
`
`overcome by an affidavit or declaration under 37 CFR 1.131.
`
`Prior Invention under 37 CFR 1.131
`
`Prior invention may not be established under this section before December 8,
`
`1993, in a NAFTA country other than the United States, or before January 1,
`
`1996, in a WTO member country other than a NAFTA country. The Patentee
`
`declares United States citizenship but fails to disclose country of prior invention.
`
`5
`
`

`

`Application/Control Number: 90/006,625
`
`Page 6
`
`Art Unit: 3625
`
`Claim Rejections — 35 USC § 305
`
`1.
`
`Claims 31-50 and 52 are rejected under 35 U.S.C. 305 as enlarging the
`
`scope of the claim(s) of the patent being reexamined.
`
`In 35 U.S.C. 305, it is
`
`stated that “[n]o proposed amended or new claim enlarging the scope of a claim
`
`of the patent will be permitted in a reexamination proceeding...
`
`A claim
`
`presented in a reexamination “enlarges the scope” of the patent claim(s) where
`
`the claim is broader than any claim of thepatent. A claim is broader in scope
`
`than the original claims if it contains within its scope any conceivable product or
`
`process which would not have infringed the original patent. A claim is broadened
`
`if it is broader in any one respect, even though it may be narrower in other
`
`respects.
`
`Pertaining to independent method claims 31 , 41 , and dependent method claims
`
`The patentee's arguments are not persuasive for the following reason (please
`
`refer to MPEP 1412.03 and 2258): A claim that reads on something that the
`
`original claims do not is a broadened claim. For example, original claim 1 claims:
`
`means for storing interrelated textual information and graphical information;
`
`means for interrelating textual information and graphical information. Newly
`
`added claim 31 claims: supplying from a data source; providing entry paths.
`
`Original claim 10 claims: means for interrelating said textual and graphical
`
`information. Newly added independent method claim 41 claims: providing a
`
`6
`
`

`

`Application/Control Number: 90/006,625
`
`Page 7
`
`Art Unit: 3625
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`plurality of entry paths for searching said interrelated textual and graphical
`
`information. The patentee’s newly added method claims are broader in scope
`
`than the original claims.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and distinme
`claiming the subject matter which the applicant regards as his invention.
`
`2.
`
`Claim 41-50 and 52 rejected under 35 U.S.C. 112, second paragraph,'as
`
`being indefinite for failing to particularly point out and distinctly claim the subject
`
`matterwhich applicant regards as the invention. Specific to independent method
`
`claim 4i, Patentee fails to claim a method for the structures claimed. For
`
`examination purposes, the Examiner interpreted claim 41 on page 7, line 5 as
`
`claiming: providing at least one computerized station equipped with:
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as
`set forth in section 102 of this title, if the differences between the subject matter sought to be
`patented and the prior art are such that the subject matter as a whole would have been obvious at
`the time the invention was made to a person having ordinary skill in the art to which said subject
`matter pertains. Patentability shall not be negatived by the manner in which the invention was
`made.
`
`3.
`
`'Claims 1-15, 17-19, 21-37, 39-47, and 49-53 are rejected under 35 USC
`
`103(a) as being unpatentable over Information Networks (a collection of
`
`7
`
`

`

`Application/Control Number: 90/006,625
`
`Art Unit: 3625
`
`'
`
`Page 8
`
`prior art. cited in PTO-892, Items: U-W), in view of Comp-U-Store (PTO-892,
`
`Item: X), further in view of Official Notice (regarding well within the skill
`
`hereinafter referred to as “ON1”) and Interactive Video (a collection of prior
`
`art cited in PTO-892, Items: UU and W).
`
`Information Networks teaches information networks providing a variety of
`
`online database services to users remotely connected over telecommunications
`
`networks (e.g. Telenet, Tymnet) using a personal computer or dumb terminal.
`
`Information Networks teaches a composite example of how executives currently
`
`use an online database service to a) connect with the Official Airline Guide to
`
`locate an empty seat on an early morning flight, b) reserve a seat and arrange to
`
`pay for the airline ticket through a credit card, 0) reserve a rental car and hotel
`
`room, and d) communicate an electronic message to a co-worker via electronic
`
`mail (U: see pages 1 and 2; V: page 1). Information Networks teaches
`
`Compuserve, The Source, and Dow Jones competing in the information networks
`
`services marketplace (U: see page 1), and further teaches a new method of
`
`merchandising products via an electronic catalog offered by Comp-U-Store
`
`accessible to users of The Source’s information network (W: see page 2). Comp-
`
`U-Store’s published electronic catalog describes merchandise for sale enabling a
`
`user of The Source’s information network to order goods, charge them to a credit
`
`card, and have the goods shipped directly to his/her address (please note: a user
`
`is hereinafter referred to a “shopper” when engaging in electronic shopping) (W:
`
`page 2). Information Networks establishes system and method of personal
`
`8
`
`

`

`Application/Control Number: 90/006,625
`
`Page 9
`
`Art Unit: 3625
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`computers or dumb terminals (requiring remote computing functionality)
`
`connecting to remote electronic databases and an electronic catalog over
`
`telecommunication networks. Inherent in Information Networks are the structures
`
`and means necessary to permit analyzing information at a location remote from a
`
`terminal.
`
`Information Networks teaches all the above as noted under the 103(a)
`
`rejection and teaches shoppers connecting to information databases over
`
`telecommunications networks using personal computers or dumb terminals to a)
`
`reserve, order, and pay for services. and b) purchase goods from Comp-U-
`
`Store’s electronic catalog, but does not disclose other uses for Comp-U-Store’s
`
`electronic catalog that would be useful to retailers and shoppers. Comp-U-Store
`
`teaches J. P. Stevens selling their consumer products through computerized 1
`
`electronic terminals in department stores comprising Dillards in Valley View Mall,
`
`Dallas, Filene’s of Boston and branches in Chestnut Hill and Burlington, MA
`
`Woodward & Lothrop, in Washington, DO, and branches in Tysons Corner, VA
`
`and Columbia, MD; (please note examiner’s interpretation: multiple
`
`geographically dispersed retailing'locations including a store located in a
`
`shopping mall and other brick-and-mortar locations). Comp-U-Stores teaches
`installing electronic marketing devices in fashion centers that display samples of
`
`merchandise. These devices have customized display units including video
`
`monitors, computer terminals, a CRT screen with keypad, a laser disc player and
`
`a printer. Shoppers use buttons and special controls to select merchandise to
`
`9
`
`

`

`Application/Control Number: 90/006,625
`
`Page 10
`
`Art Unit: 3625
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`view and order merchandise using the computerized electronic terminals (please
`
`note examiner’s interpretation: self-servicing computerized shopping terminals). ,
`
`Comp-U-Store further teaches the key attraction of the computerized marketing
`
`devices for the stores is their ability to enormously expand the number of
`
`products available to consumers without adding new stock keeping units (SKUs)
`
`(X: see page 1). Therefore it would have been obvious to one of ordinary skill in
`the art at time of the invention to modify Information Networks to disclose Comp- }
`
`U-Store implementing electronic shopping for on-premise shopping in malls and
`
`other retail locations for consumers as taught by Comp-U-Store, in order to
`
`expose broader utility of electronic catalog shopping that helps brick-and-mortar
`
`retailers expand the number of products available to consumers without adding
`
`I SKUs, and thereby attract retailers to electronic shopping interested in increasing
`
`a sales by expanding product selection without having to expand stock keeping
`
`requirements.
`
`Information Networks and Comp-U-Store teach all the above as noted under
`
`the 103(a) rejection and teach a) electronic shopping using personal computers
`
`or dumb terminals as user interfaces to connect to information network
`
`databases and Comp-U-Store’s electronic catalog over a telecommunications
`
`network, and b) applying Comp-U-Store’s software technology to in-store
`
`electronic shopping using a computerized merchandising terminal, but do not
`
`disclose in-store electronic shopping connected to a telecommunications
`
`network. The Examiner takes the position that one of ordinary skill in the art at
`
`10
`
`10
`
`

`

`Application/Control Number: 90/006,625
`Art Unit: 3625
`
`Page 11 _
`
`time of the invention would ascertain that in-store electronic shopping can be
`
`facilitated by connecting to an electronic shopping catalog over a
`
`telecommunications network as currently provided to home shoppers, using
`
`either personal computers or dumb terminals as user interfaces. Therefore it
`
`would have been obvious to one of ordinary skill in the art attime of the invention
`
`to modify the method of Information Networks and Comp-U-Store to facilitate
`
`electronic shopping over a telecommunications network for in-store electronic
`
`shopping as taught by 0N1, in order to provide in-store shoppers with access to
`a remotely connected electronic catalog, and thereby attract in-store‘shoppers
`
`desiring electronic catalog access to the in-store electronic shopping terminals.
`
`Information Networks, Comp-U-Store, and 0N1 teach all the above as noted
`
`under the 103(3) rejection and teach 3) electronic shoppers using remotely
`
`connected personal computers or dumb terminals to connect to information
`
`network databases and services using hierarchical menu-driven browsing with
`
`textual key-word searching techniques, and b) in-store electronic shopping using
`
`computerized merchandising terminals employing a laser disc, but do not
`
`disclose the laser disc’s purpose in supporting electronic shopping. Interactive
`Video teaches the use of laser discs and laser videodiscs used in interactive
`
`shopping. Interactive Video teaches current uses of the technology supporting in-
`
`. store displays and electronic catalogs, interactive exhibits for museums and fairs,
`
`and industrial/commerciaI/educational training programs (UU: see page 1).
`
`Interactive Video teaches laser video discs supplying still and full motion video,
`
`11
`
`11
`
`

`

`Application/Control Number: 90/006,625
`
`'Page 12
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`Art Unit: 3625
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`movies (please note examiner’s interpretation: provides video and sound track
`
`absent a specific teaching regarding silent movies), animation, graphics, maps,
`
`pictures, text, and audio (W: see at least pages 1-5). Interactive Video further
`
`teaches:
`
`o
`
`supplying from a data source, upon request from a user’s terminal,
`
`interrelated textual and graphical information: video disk searching
`
`produces selected information to display interrelated graphical information
`
`(UU: see page 1); retrieves appropriate background image (W: see page
`
`3, paragraph 1).
`
`0
`
`providing the terminal with:
`
`o textual entry paths: textual overlay on touch-sensitive screen; images
`
`pointed to by user are words that describe the information desired (W:
`
`page 2, paragraphs 12; page 3, paragraph 9; page 4, paragraph 13).
`
`o graphical entry paths: graphical overlay on touch-sensitive screen (W:
`
`page 2, paragraph 12); pointing to pictures on a screen that interrelate
`
`to textual information (W: see page 3, paragraph 9); touching a
`
`stylized image of a telephone activates the speakerphone and dials the
`
`appropriate telephone number (W: page 2, paragraphs 16).
`
`o a pathway to access information: touching different areas of the screen
`
`calls up different information (UU: see page 1; W: see page 3,
`
`I
`
`paragraphs 7-16).
`
`12
`
`12
`
`

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`Application/Control Number: 90/006,625
`
`Page 13
`
`Art Unit: 3625
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`0 access to the related information; executing inguiries generated on the
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`terminal: providing access and executing inquiries generated on the
`
`terminal by providing a relevant page of information containing a
`
`graphic representation of the item (UU: see page 3); menu-driven of
`
`categorized information (W: see page 4, 13).
`
`groviding search results on outgut device at the terminal: results are
`
`displayed (W: see at least Fig. 2 (19” color monitor); page 2, paragraphs
`
`11-12).
`
`groviding and analyzing at a site remote from terminal: Mini computer
`
`analyzes at a site remote from a terminal (W: see Fig. 2 (Mini computer)).
`
`As previously cited, inherent in Information Networks are the structures
`
`necessary to permit analyzing information at a location remote from a
`
`terminal.
`
`analyzing in the terminal: Apple lle computer-based interactive terminal
`
`analyzes branching selections to display searched information (UU:; see
`
`page 1).
`
`offering a gluralitz of choices related to the search results for accessing
`
`other information: hierarchical structure produces menus of broad
`
`classifications which point to submenus of further refined subject matter
`
`until a video image is retrieved (please note: a plurality of choices) (e.g.
`
`map or short video sequence) (W: page 1, paragraph 7).
`
`13
`
`13
`
`

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`Application/Control Number: 90/006,625
`
`Page 14
`
`Art Unit: 3625
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`executing comgrises using address codes of gathwa MS to information
`
`related to one of the inguiries: Inherent in Interactive Video is computer-
`
`based addressing schemes used to access information stored in an
`
`electronic database. For example, randomly accessing 50,000 individual
`
`pictures in a matter of seconds requires computer-based address
`
`schemes (W: see page 1, paragraphs 1 and 5).
`
`sugglzing comgrises groviding information for assisting a user in
`
`generating additional reguests: hierarchical structure produces menus of
`
`broad classifications which point to submenus of further refined subject
`
`matter until a video image is retrieved (e.g. map or short video sequence)
`
`(W: page 1, paragraph 7).
`
`gresenting search results in hierarchical arrangement of tog/cs and sub-
`
`m hierarchical organization; menu-based; categories and sub-
`
`categories (W: see page 1, paragraphs 7 and 8).
`
`groviding data in audio form: sound overlay (UU: page 3); touching
`
`speakerphone image activates the speakerphone prodUcing audio (W:
`
`see page 5, paragraph 2).
`
`grevious inguiries:
`
`Inherent in Interactive Video are the structures and
`
`programming that permit previous inquires to be replicated for the user.
`
`Please note the programming script is designed to return the shopper to
`
`the main menu that permits the shopper to repeat the process (W: see
`
`page 4, Figure 4.
`
`14
`
`14
`
`

`

`Application/Control Number: 90/006,625
`Art Unit: 3625
`
`Page 15
`
`'
`
`.
`
`programming: Inherent in Interactive Video are the structures necessary to,
`
`permit programming of computers.
`
`0
`
`system and means:
`
`0 dumb terminal implementation: electronically connected mini computer
`
`to digital data disc, operator’s console, speaker phone controller, tone
`
`generator, video disc player, graphics display device, audio mixer and
`
`speaker, microphone with pre-amplifier, touch-sensitive control and
`
`sensing appliqué, and 19” color monitor.
`
`0 microprocessor-based implementation: Apple IIe personal computer
`
`electronically connected to color monitor, touch-sensitive screen, and
`
`laser disc player (UU: see page 1). Inherent in Interactive Video is a
`
`microprocessor-based personal computer with processing,
`
`programming, and control means to process interactive video database
`
`search and retrieval requests.
`
`Therefore it would have been obvious to one of ordinary skill in the art at time
`
`of the invention to modify Information Networks, Comp-U-Store, and 0N1 to
`
`disclose the use of laser discs or laser video discs in self-servicing terminals as
`
`taught by Interactive Video, in order to implement interrelated textual and
`
`graphical searching to improve user interactivity, and thereby attract shoppers
`
`and increase sales for retailers.
`
`15'
`
`15
`
`

`

`Application/Control Number: 90/006,625
`Art Unit: 3625
`
`Page 16
`
`Pertaining to system claims 1-15, 17-19, 21-30, 51 and 53
`
`Rejection of claims 1-15, 17-19, 21-30, 51 and 53 is based on the same
`
`rationale as noted above.
`
`4.
`
`Claims 16, 20, 38, and 48 are rejected under 35 USC 103(a) as being’
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`unpatentable over Information Networks (a collection of prior art cited in
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`PTO-892, Items: U-W), Comp-U-Store (PTO-892, Item: X), and 0N1
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`(regarding well within the skill) and Interactive Video (a collection of prior
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`art cited in PTO-892, Items: UU and W), as applied to Claims 1, 10, 32, and
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`42, further in view of Official Notice (regarding notoriously old and well
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`known in the arts hereinafter referred to as “ON2”).
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`Information Networks, Comp-U-Store, and 0N1 and Interactive Video teach
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`all the above as noted under the 103(a) rejection and teach displaying retailer
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`products to shoppers, but do not disclose displaying non-requested marketing
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`messages. The Examiner takes the position that it is notoriously old and well
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`known in the arts to transmit unsolicited marketing messages, otherwise known
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`as advertising commercials, in audio and/or video using radio or television
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`transmission and reception means to increase sales with consumers. Therefore it
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`would have been obvious to one of ordinary skill in the art at time of the invention
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`to modify the method of Information Networks, Comp-U-Store, and 0N1 and
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`Interactive Video to provide non-requested marketing messages as taught by
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`0N2, in order to attract shoppers and increase sales for retailers.
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`Application/Control Number: 90/006,625
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`Page 17
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`Art Unit: 3625
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`Pertaining to system claims 16 and 20
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`Rejection of claims 16 and 20 is based on the same rationale as noted above.
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`Application/Control Number: 90/006,625
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`Page 18
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`Art Unit: 3625
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`Conclusion
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`The patent owner is reminded of the continuing responsibility under 37 CFR
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`1.565(a) to apprise the Office of any litigation activity, or other prior or concurrent
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`proceeding, involving Patent No. 5,576,951 throughout the course of this
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`reexamination proceeding. The third party requester is also reminded of the
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`ability to similarly apprise theOffice of any such activity or proceeding throughout
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`the course of this reexamination proceeding. See MPEP §§ 2207, 2282 and
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`2286.
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`Any inquiry concerning this communication or earlier communications from
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`the examiner should be directed to Robert M. Pond whose telephone number is
`571-272-6760. The examiner can normally be reached on 8:30AM-5230PM.
`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner’s supervisor, Ms. Wynn Coggins can be reached on 571-272-7159.
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`The fax phone number for the organization where this application or proceeding
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`is assigned is 703-872-9306.
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`Information regarding the status of an application may be obtained from the
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR
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`only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR
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`Application/Control Number: 90/006,625
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`Page 19
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`Art Unit: 3625
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
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`free).
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`Robert M. Pond
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`Primary/Examiner, AU3625
`May 16, 2005
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