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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
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`NIXON PEABODY, LLP
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`WEST, THOMAS c
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`3621
`DATE MAILED: 03/29/2010
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111325—291300
`Xin Wang
`10/04/2004
`10/956,121
`TITLE OF INVENTION: SYSTEM AND METHOD FOR MANAGING TRANSFER OF RIGHTS USING SHARED STATE VARIABLES
`
`8924
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`APPLN. TYPE
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`SMALL ENTITY
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`DATE DUE
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`06/29/2010
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`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
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`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
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`(Depositors name)
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` (Signature)
`
`(Date)
`
`111325—291300
`Xin Wang
`10/04/2004
`10/956,121
`TITLE OF INVENTION: SYSTEM AND METHOD FOR MANAGING TRANSFER OF RIGHTS USING SHARED STATE VARIABLES
`
`8924
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`$1510
`
`$300
`
`$1810
`
`06/29/2010
`
`WES T, THOMAS C
`
`3621
`
`705—050000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address rom PTO/SB/122) attached.
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`OMB 0651—0033
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`US. Patent and Trademark GENEOULSSDBEA’GRITMEWM COMMERCE
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/956,121
`
`10/04/2004
`
`Xin Wang
`
`111325-291300
`
`8924
`
`NIXON PEABODY, LLP
`4TTTTESTREETNW
`
`SUITE 900
`WAS HINGTON, DC 20004-2128
`
`WEST, THOMAS C
`
`3621
`DATE MAILED: 03/29/2010
`
`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 682 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 682 day(s).
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`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
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`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
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`
`
`Notice of Allowability
`
`Application No.
`
`10/956,121
`Examiner
`
`Applicant(s)
`
`WANG ET AL.
`Art Unit
`
`THOMAS WEST
`
`3621
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to Appeal filed 22 May 09.
`
`2. IZI The allowed claim(s) is/are 1-36.
`
`3. El Acknowledgment is made ofa claim forforeign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) D All
`b) D Some*
`0) El None
`of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. I] 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.
`
`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`
`1) D hereto or 2) I] to Paper No./Mai| Date
`
`(b) I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. El Notice of References Cited (PTO-892)
`
`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. El Information Disclosure Statements (PTO/SB/O8),
`Paper No./Mai| Date
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. I] Examiner's Amendment/Comment
`
`8. X Examiner's Statement of Reasons for Allowance
`
`9. D Other
`
`.
`
`/Thomas West/
`
`Examiner, Art Unit 3621
`
`
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20100313
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`Application/Control Number: 10/956,121
`
`Page 2
`
`Art Unit: 3621
`
`REASONS FOR ALLOWANCE
`
`Acknowledgements
`
`1.
`
`Applicants’ amendment filed 22 December 2009 is acknowledged. Accordingly, claims
`
`l-36 remain pending.
`
`2.
`
`3.
`
`The following is an Examiner’s statement of reasons for allowance:
`
`Regarding the claimed terms, the Examiner notes that a “general term must be understood
`
`in the context in which the inventor presents it.” In re Glaug 283 F.3d 1335, 1340, 62 USPQ2d
`
`l 15 l , 1154 (Fed. Cir. 2002). Therefore the Examiner must interpret the claimed terms as found
`
`on pages l-24 of the specification. Clearly almost all the general terms in the claims may have
`
`multiple meanings. So where a claim term “is susceptible to various meanings, .
`
`.
`
`. the
`
`inventor’s lexicography must prevail .
`
`.
`
`. .” Id. Using these definitions for the claims, the
`
`claimed invention was not reasonably found in the prior art.
`
`4.
`
`The primary reference Anand (U.S. 6,044,466) discloses as previously discussed. Anand
`
`however does not teach at least “a meta-right specifying a right that can be created when the
`
`meta-right is exercised.” Moreover, the missing claimed elements from Anand are not found in a
`
`reasonable number of references. Yet even if the missing claimed elements were found in a
`
`reasonable number of references, a person of ordinary skill in the art at the time the invention
`
`was made would not have been motivated to include these missing elements in an embodiment in
`
`the Anand disclosure because there is no motivation to create a meta-right when the meta-right is
`
`exercised.
`
`5.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
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`Application/Control Number: 10/956,121
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`Page 3
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`Art Unit: 3621
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`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Thomas West whose telephone number is 571-270-1236. The
`
`examiner can normally be reached on Tuesday and Wednesday 7:30am - 5pm EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Andrew Fischer can be reached on 571-272-6779. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`Thomas West
`
`Patent Examiner
`
`Art Unit 3621
`
`/ANDREW J. FISCHEIV
`
`Supervisory Patent Examiner, Art Unit 3621
`
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