——0riginal Message—— '
`Fnom: Shah. Ankur D.
`Sent Tuesday, May 2!, 2002 3:16 PM
`To: ‘RicharxiWeisbcrger@USPTO.GOV‘
`Subject RE: 09/590,692
`
`"IT 0099473
`
`000301
`
`000301
`
`

`
`TT 0099474
`
`000302
`
`000302
`
`

`
`——-Original Message———
`From: AShah@foleylaw.com [mai|to:AShah a fole law.com
`Sent Friday, May 31, 2002 2:31 PM
`To: Richard_Weisb_ergei@USPTO.GOV
`Subject RE: 09/590,692
`
`Richand:
`
`Per our disufision, the information for forwardingthe divisional app. is at
`‘
`'
`I look forward to hearing fmmyou on
`the bottomofthis c-manl cham.
`Monday or" Tuesday 0
`
`—AnkurD.Shah
`
`'1'!‘ 0099472
`
`000303
`
`000303
`
`

`
`Message——
`Froui: RicharcLWeisbuga@USPTO.GOV |mailto:Richar(LWeisbirggg(a}USPTO.GOV]
`Sent Monday, June 24, 2002 4:08 PM
`To: AShah@foley|aw.com
`Subject RE: 09/$90,692
`
`Ankur:
`
`'
`
`I'm out of the oflice today. I'll call you tomorrow aflcmoonfl should have
`favorable news). Can you forward the serial number and filing date for the
`specification incorporated by reference on page 8 of the instant
`specification
`
`Richard -
`
`How are mother and child?
`
`'11‘ 0099471
`
`000304
`
`000304
`
`

`
`—--Origi‘nal‘Message——
`From: AShah@foleyla_w.com Imailto:AShah@folc1Iaw.com|
`Sent Tuesday, June 25, 2002 10:08 AM
`
`nmam¢Mwmxga@u$n0sov
`subject RE:-o9/590,692
`
`Richard:
`
`Mother and daughter are fine. [am a bit sieepy.
`
`Tr 0099490
`
`000305
`
`000305
`
`

`
`——-Original Message-———
`
`From: Richard.Weisbcxger@USPTO.GOV |mailto:Richar(iWeisbergg@USPTO.GOV]
`Sent: Tuesday; June 25, 2002 2:51 PM
`
`To: AShah@foleylaw_com
`Subject: RE: O9/590,692
`
`unscheduled meeting today with the Federal Reserve Banlg. I may not
`I had
`be able to speak with you today. If not, I'll contact you tomo.n'ow._ '
`
`Richand —
`
`PS Her n_1other's looks, I pray.
`
`TI‘ 0099491
`
`000306
`
`000306
`
`

`
`———-Original Message————
`From: AShah@fo|eylaw.com |mailto:AShah@ folcylaw_com|
`Sent Wednesday, June 26, 2002 3: [9 PM
`
`To: Rjdbar<iWeisberger@USPTO.GOV
`Subject: RE: 09/590,692
`
`Richard:
`
`We were anxious to find out the latest developmentsand learn the
`today. I just lefi you a voice-mail to that effect. I look forward to
`hearing fiom you. ‘Blanks.
`
`news
`
`-Ankur D. Shah
`
`.-
`
`'11‘ 0099447
`
`%000307
`
`000307
`
`

`
`_
`-——Original Message—-—
`From: Richard.Weisbergc:@USPTO.GOV Imai|to:RichaniWcisbe[ge[@USPTO.GOV]
`Sent: Wednesday, June 26, 2002 4:01 PM
`
`To: AShah@t’oleylaw.com
`Subject: RE: 09/590,692
`
`It turns that our meeting was scheduled for two days. I'll call you when
`upon its completion.
`
`Richard -
`
`TT 0099446
`
`000308
`
`000308
`
`

`
`A
`-—Original Message——-
`Frown‘ Richard.-Weisbecger@USP'f0.GOV |mailto:Richard_Wcisberg_g@'‘USP'I»‘0.GOV]
`Salt Thmsday, June 27, 2002 4:56 PM
`To: AS_hah@fiJleylaw.com
`Subject RE: 09/590,692
`
`TI‘ 0099493
`
`000309
`
`000309
`
`

`
`No new prior art was found showing the combination of feanmes of the MD
`sofiwaxt charactetized in claims 22,29 and 35, and the Notice of Allowance
`will be mailed early next week, In addition, I've ordered SN 09/971087 and
`
`09/894637. Let's see if we can quickly dispose of these cases. Lastly, I'm
`looking at 09/589,751 to see ifthe lack of the static pricing display
`presents issues under I12 lstor 2nd and/or 103.
`
`Richard
`
`TT 0099494
`
`000310
`
`000310
`
`

`
`-—0n'ginal.Message—-
`From: Shah, Ankur D.
`Sent Thursday, June 27, 2002 5:20 PM
`To: 'Richard_Wcisbcrgcr@USPTO.GOV‘
`Subject RE; 09/590,692
`
`Richard:
`
`Thank for you this positive informaxion.
`
`Regarding the subject case in which the Notice‘ of Allowance will be issued
`early next week, you an: no doubt aware of the sense of urgency associated
`
`Tr 0099459
`
`000311
`
`000311
`
`

`
`with it and of my client's strong interest in its prosecutiorL Accordingly,
`please send me a copy ofthe Notice of Allowance via facsimile as early as
`possrhle next week. My facsimile number is (202) 672-5399- We will then
`await receipt of the oficial notice by U.S. maiL
`
`Also, regarding the othercases you mentioned below, I have those files in
`my oflice and am ready to work with you on rapidly advancing their
`prosecution.
`
`Best regards.
`
`-Ankur D. Shah
`
`Foley & Lardner
`(202) 945-6 I32
`
`ashah@foleylaw.com
`
`The information transmitted is intended only for theiperson or entity to
`which it is addressed and may contain confidential and/or privileged
`material. Any review, retransmission, dissemination or other use of, or
`taking of any action in reliance upon, this information by persons or
`entities other than the intended recipient is prohibited If you received
`this in error, please contact the sender and delete the material from any
`computer.
`
`'11‘ 0099450
`
`000312
`
`000312
`
`

`
`Message——
`From: Shah,.Ankur 1).
`Sent: Wednesday, July 03, 2002 2:53 PM
`To: 'Richard.Weisberger@USP'I‘O.GOV‘
`Subject: RE: 09/590,692
`
`Richard:
`
`[tried to contact you a few times yesterday and today, sometimes with my
`client on the line as well, regarding the Notice of Allowance that was to
`have been mailed early this week.
`I left you a voice-mail yesterday
`regarding the same.
`
`Please let me know the situation. Based on your e-mail fi'om last week, the
`president ofthe company was expecting that we would have be able to confirm
`that the case had been allowed before the 4th ofluly holiday.
`
`Any infonnation you can provide would be helpful.
`
`Thank you
`
`-Ankur D. Shah
`
`(202) 94545132
`
`TT 0099458
`
`000313
`
`000313
`
`

`
`From: Shah, Ankur D- [ASl1ah@f<_)leylaw_com]
`Sent: Wednesday, July 03, 2002 5:34 PM
`To: Steve Borsand (TT)
`Subject: NOA
`
`Attachments: Untitled.pdf
`
`Steve:
`
`Heme is a copy of the cover of the notice of allowability.
`faxed to me by the Examiner.
`
`It was just
`
`-Ankur
`
`<<Unu'tlcd.pdt>>
`
`TI‘ 0099598
`
`000314
`
`000314
`
`

`
`07/03/02 WED 18:16 FAX 703 303 3687
`T" T"''
`T "T" "
`
`us p,-mm 0..-“CE
`
`@001
`
`Notice of Allowability
`
`Application No
`
`-09/590,692
`Examiner
`
`//’
`Richard c Weisberger ‘Y
`T’
`
`Applicant(s)
`
`KEMP ET AL
`Art Unit
`
`2164
`
`‘
`
`.
`
`—- The MAIUNG DATE 0! this communication appears on the cover sheet with the oorrapondence 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 ootrse THIS
`NOTICE OF ALLOWABILTIY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`otthe Oflice or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. E This communication is responsive to amendment A .
`' 2. 8 The allowed dairnts) islare ;2_-_7;q.
`3. C] The drawings filed on
`are accepted by the Examiner.
`4. C] Admovwedgmenris rnade or a claim for foreign priority under 35 u_s.c. § 1 19(aHd) or (rt
`I
`a)I:] All
`b)D Some‘
`c) U None
`otthe:
`1. U Certified copies of the priority documents have been received.
`
`2 C] Certified copies at the priority documents have been received in Application No. __
`3. Ucopies 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: j.
`5. E Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`(a) D The translation ot the toreign language provisional application has been received.
`6. D Acknowledgment is made ota claim for domestic priority under 35 U.S.C. -§§ 120 andlor 121.
`
`1 Applicant has THREE MONTHS FROM THE ‘MAILING DATE‘ of this comnurtication to file a reply complying with the requirements noted
`below. Failure to timely complywill result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`7. C] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMlNER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient
`
`8. E connecreo DRAWINGS must be submitted.
`(a) Cl
`including changes required by the Notice of Draftsperson's Patent Drawing Review( PTO—!_948) attached
`1) C] hereto or2) E] to Paper No.
`
`
`
`including. changes required by the proposed drawingoorrection filed
`(b) C]
`(c) D including. changes required by the attached Examiners Amendment I Comment or in the Office action of Paper No.
`
`‘which has been approved by the Examiner.
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the top margin (not the back)
`ofeach sheet. The drawings should be filed as a separate paper with a transirittal letter addressed to the Otficial Dratbperson.
`
`9. E] DEPOSIT OF andlor INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Brarninefs comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL
`'
`-
`
`At1achrnent(s)
`
`' 1U‘No1ioe of References Cited (PTO-892)
`BD Notice of Drattperson's Patent Drawing Review (PTO-948)
`'s®.Inro:mation Disclosure Statements (PTO-1449), Paper No.
`-7['_"_I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`’
`
`l
`
`2U Notice of Informal Patent Application (PTO-152)‘
`4[:] Interview Summary (PTO-413), Paper No.__‘g .
`6121 Examiners Amendxnewcoknzaem
`88 Examiners Statement of Reasons tor Allowance
`9|’_‘| Other
`-
`
`11.8 PEI! zit TI‘4ncwIark.OI'¢
`PTOJ7 (Rev. 04-01)
`
`I
`Notice of Allowability
`
`'
`
`'
`
`'
`Part of Paper No. 1 5 .
`
`TI‘ 0099599
`
`000315
`
`000315
`
`

`
`-—On'ginaJ Message——-
`From: Riehard.Weisbergcr@USPTO.GOV Imailto:RichardWcisb£_rge@USPTO.GOX1
`Sent Wednesday, July 03, 2002 5:50 PM
`To: AShah@foleylaw-eotn
`Subject RE 09/590,692
`
`I think I mentioned to you that I'm studying for a Master's in Finance.
`Anyway, I tend to keep odd oflioe hours. If you are still there, I can FAX
`you a copy of die Notice of Allowanc-ze.
`
`Richard—
`
`TT 0099480
`
`000316
`
`000316
`
`

`
`—Original Message——-
`From: AShah@foleylaw.com |mailto:AShah@foleylaw.com|
`Sent Friday, July l2, 2002 'l_0:ll AM
`'
`To: RichardWeisbeI_'ger@_USPTO.G0V
`Subject RE: 09/590,692
`
`Hello Richarkt
`
`Ijust tried calling but your -voiceqnail was. full. How did you do that?‘
`
`I informed our client last Wednesday evening, July 3rd, of the good news
`after you faxed me a copy ofthe Notice ofAllowability. Based on your
`e-maib, l expected to have received the original Notices of Allowance and
`
`Allowability in the mail by now. Our firm hasn't received it and according
`to the PTO computer, nothing has been sent out.
`
`-
`
`Plezise contact me by telephone or e-mail to let me know the status.
`
`TT 0099461
`
`Thank you
`
`000317
`
`000317
`
`

`
`-Ankur D. Shah
`
`Foley & Lardner
`(202)945-6132
`
`ashah@foleylaw.com
`
`The information transrnitted is intended only for the person or entity to
`which it is addressed and may contain confidentiaiand/or privileged
`mataial. Any-review, retransmission, dissemination or other use of, or
`taking ofany action in reliance upon, this information by persons or
`entities other than the intended recipient is prohibited. Ifyou received
`this in error, please contact the sender and delete the material fi‘om any
`computer.
`
`TI‘ 0099462
`
`000318
`
`000318
`
`

`
`——0riginal Message-—
`From: Richard.Wcisbcrger@USPTO.GOV |mailto:Rjchar<LWeisberve[@USPTO.GOV]
`Sent: Friday, July 12, 2002 l2:l6 PM
`To: AShah@foleylaw.com
`Subject: RE: 09/590,692
`
`[check on it today (I've been out on holiday).
`
`.__y..
`
`PS I have over 200 cases on my docket Ifyoumultiply that by the number of
`times that you called, you can see how ones voice mail can fill;
`
`Richard —
`
`TT 009948 1
`
`000319
`
`000319
`
`

`
`——-Original Mcssage——
`From: Shah, Ankur D.
`Sent: Tuesday, July 16, 2002 4:|2 PM
`To: 'Richard.Wcisbcrgcr@USPTO.GOV‘
`Subject RE: 09/590,692
`
`Richard,
`
`We await your update regarding the mailing of the otficial Notice of
`Allowanccand Notice of Allowability, a copy of which you (‘Axed to me on
`July 3, 2002.
`
`Thanks.
`
`-Ankur D. Shah
`
`TT 0099482
`
`000320
`
`000320
`
`

`
`-—-Original Message-—
`‘From: AShah@foleylaw.com |mailto:AShg@folgIaw_com|
`Sent: Thursday, July I8, 2002 4:21 PM
`To: Richar¢Weisberger@USPTO.GOV
`"Subject: RE: 09/590,692
`
`Richard:
`
`We just tried reaching you by telephone and your mailbox is still fulL The
`PTO customer service representative said that the notice of allowance had
`not yet been mailed.
`
`It has now been over two weeks since your fax and three weeks since you
`indicated thatit would be mailed. Please-let me know if there is any
`problem.
`l might be able to help.
`
`The delays in this case have been significant and patent term_ extension
`won't be of much use in this technical field Of utmost importance is that
`the patent be able to issue promptly so that we can help ouriclient stop the
`present infringement of their technology.
`
`Your response is urgently sought
`
`Thanks.
`
`-Ankur D. Shah
`
`Foley & Lardner
`(202) 945-6132
`
`ashah@foleylaw.com
`
`The information transmitted is intended only for the person or entity to
`which it is addressed and may contain confidential and/or privileged
`material. Any review, retransmission, dissemination or other use of, or
`
`_
`taking of any action in reliance upon, this information by persons or
`entities other than the intended recipient is prohibited. If you received
`this in error,.please contact the sender and‘ delete the material from any
`computer.
`
`Tr 0099483
`
`000321
`
`000321
`
`

`
`——Original Messagc———
`From: Richard.Weisbcrgcr@USPTO.GOV Imailto:Rjchar<iWcisb_grgg_r@USPTO.GO! I
`Sent Friday, July 19, 2002 3:2l PM
`»
`To: Ashah@£oIcyIaw_oom
`Subject RE: 09/590,692
`
`I'll pasonally walk it through the mail room on monday?
`
`Richard
`
`TT 0099484
`
`000322
`
`000322
`
`

`
`——Original M'essagc——-
`From: Shah, Ankur D.
`
`Seht: Fuiday, July 19, 2002 3-35 PM
`To: 'Richard.Wcisbcrget@USPTO.GOV‘
`
`Subject RE: 09/590,692 _
`
`Thank you That wouldbe appreciatexi
`
`I will let my client know.
`
`Bast regards.
`
`-Ankur
`
`Shah
`
`TT 0099485
`
`000323
`
`000323
`
`

`
`-——Original Message———
`
`From: AShah@foleylaw_com |ma_ilto:ASh¢@fo|glaw.com|
`Sent: Wednesday, July'24, 2002 2:24 PM
`To: Rich-'ard.Weisberger@USPTO.GOV
`Subject: ma; 09/590,692
`
`Richard:
`
`If you did indeed follow through on your e-mail below and had it mailed out
`on Monday, thank you. According to the USPTO computer, however, nothing WE
`mailed out. This is causing much consternation at this end.
`
`You indicated the case had been allowed and, on July 3rd, faxed us a copy of
`the notice of allowability. We were simply awaiting the official notice of
`allowability and notice of allowance and issue fee due papers. [don't have
`any explanation to provide my client as to why nothing has yet been
`received, since presumably your substantive work has been completed. If
`there is a problem, I am not quite sure what it might be.
`
`Please respond. Thanks.
`
`-Ankur D. Shah
`
`TT 0099486
`
`000324
`
`000324
`
`

`
`——-Origigal Message-—-—
`Fnom: Richard.Weisbergcr@USPTO.GOV |mailto:Rjchar<1WeisbergeI_'@USPT0.GOV|
`Salt: Wednesday, July 24, 2002_4:53 PM
`To: AShah@foley|aw.oom
`Subject: RE: 09/590,692
`
`I'm out ofthc office today: will check on the mail status tomorrow.
`
`Rich
`
`TI‘ 0099487
`
`000325
`
`000325
`
`

`
`——Original Message——
`_ From: AShah@foleylaw_com [mailtozAShah@foleylaw.com|
`Sent: Thursday, July 25, 2002 6:55 PM
`To: Richard.Weisberger@USPTO.GOV
`Subject RE: 09/590,692
`
`Richard:
`
`I hope you were able to resolve the problem today. Please let me know.
`
`Ifnot, I would -like to schedule a meeting with you for this coming Monday
`so that I can come there personally and wecan address and resolve any
`remaining issues. While perhaps unorthodox, at this poing such a meeting
`and visit are warranted in View of the importance of the patent to my
`
`client, the ongoing infringement of their technology and the sheer number of
`delays to which the prosecution of this application has been subjected.
`
`Yourprompt‘ response is-appreciated
`
`Best regarfi.
`
`-Ankur D. Shah
`
`000326
`
`TT 0099488
`
`000326
`
`

`
`:0riginal Massage--
`
`Fmm: Richard.Wcisbcrgcr@USPTO.GOV |mailto:Richard.Weisbe[ge[@USPTO.GOV|
`Sent: Friday, July 26,2002 2:12 PM
`To: AShah@folcylaw.com
`Subject RE: 09/590,_692
`
`Ankur-
`
`Aocordjng to my docket clerk the case has been forwarded to the mail room.
`Check the palm system Monday.
`
`Richard
`
`'11‘ 0099489
`
`000327
`
`000327
`
`

`
`From: Richard.Weisberger@USPTO.GOV
`Sent: Monday, March 03, 2003 10:48 AM
`To: Steve Borsand (TT)
`Subject: RE: 09/590,692 et al.
`
`Steve -
`
`Q
`
`My schedule is very tight both today and tomorrow. I'm available Wednesday
`between l:00-5:00. We can pick it up from there.
`
`Richard -
`
`——Original Message-—
`From: Stcve.Borsand@tradingtechno|ogies.com
`.| mailtozsteve.Borsang@t1adingtechnologies.com|
`Sent: Monday, March 03, 2003 8:45 AM
`To: Richard.Weisberger@uspto.gov
`Subject RE: 09/$90,692 etal.
`
`Richard — I would like to talk with you regarding these cases and the new
`references. Are you available to talk today or tomorrow? Also, I am going
`to be travelling to the east coast possibly next week and I would be happy
`to meet in person to try to reach closure on these cases (for that matter, I
`can come anytime that suits your schedule).
`
`Thanks,
`
`Steve
`
`.:——Original Message-----
`. From: Richard.Weisberger@USPTO.GOV [mailto:RicharcLWeisbergega2USPTO.GOV]
`Sent: Tuesday, December 17, 2002 1 I200 AM
`To: Steve.Borsand@tradingtechnologies.com
`Subject: RE: 09/590,692 ct al.
`
`'
`
`I've been in sunny warm Miami this past week. I'll check the status of your
`cases this week.
`
`—‘—-Original Message——-
`From: Steve.Borsand@tradingtechnologies.com
`|mailto:Steve.Borsang@tradigtechnologies.com]
`Sent: Tuesday, December 17, 2002 10:32 AM
`To: richard.weisberger@uspto.gov
`Subject: 09/590,692 et aL
`
`Richard — Have-you had a chance to look at the new references that we
`
`cited? I would like to talk with you about these at your convenience.
`
`Thanks,
`
`Steve
`
`000328
`
`‘IT 0099511
`
`000328
`
`

`
`Steven F. Bozsand
`
`Vice President, Intellectual Property
`Trading Technologies, Inc.
`ph: H3 l2.476.l0l8
`fax: +l.3I?.476.l I82
`
`stevc.borsand@uadingtechnologies.com
`
`«
`
`\_.-'
`
`TT 0099512
`
`000329
`
`000329
`
`

`
`From: Richard.Wcisberger@USPTO-GOV
`Sent: Tuesday, March 18, 2003 4:00 PM
`To: Steve Borsand (TT)
`Subject: RE: 09/590,692 et al.
`
`_ Steve -
`
`I'll call you between 4:00 and 4: l5.
`
`——0riginal Message——
`From: Steve.Borsand@tradingtechnologics.com
`|mailto:Stcve.Borsan@txadingtechnologies.com|
`Sent Tuesday, March 18, 2003 4:24 PM
`
`To: Richard.Wcisberger@uspto.gov
`Subject RE: 09/590,692 ct al.
`
`Richard - I was hoping we can pick a time tomorrow to talk.
`available any time that is good for you.
`
`I can be
`
`Thanks,
`
`Steve
`
`2-
`
`Steven F. Borsand
`President, Intellectual Property
`ziading Technologies, Inc.
`-ph: +l3l2.476.l0l8
`fax: +-1.312.476. l I82
`
`‘steve.borsand@tIadingtechnologies.com
`
`TT 0099507
`
`000330
`
`000330
`
`

`
`From: Richard.Weisberger@USP'I‘O.GOV
`Sent: Wednesday, March 19, 2003 11:36 AM
`To: Steve Borsand (TT)
`Subject: RE: 09/590,692 et al.
`
`;VC '
`
`lilcasc consider the following amendment in combination -
`
`said dynamic display of bids and asks traversing said static price column in _
`response to changes in the inside market,
`
`said column static price axis responsive to a one click centering feature
`that re—ccnters the inside market of the traders screen,
`
`Richard —
`
`—-—-Original Message——
`From: Steve.Borsand@t1adingtechnologies.com
`|mailto:Steve.Borsang@.tradingtechnologiescom]
`Sent: Wednesday, March 19, 2003 12:06 PM
`To: Richard.Weisberger@uspto.gov
`Subject RE: o9/590,692 et al.
`
`-' ~55 faxing them right now.
`
`-
`
`.—.-4-Original Messagc——-
`‘From: Richard.Weisbetger@USPTO.GOV [mailto:Richard.Weisberpe[@USP’1‘O.GO\_/ I
`Sent. Wednesday, March 19, 2003 10:32 AM
`To: Steve.Borsand@tmdingtechnologies.com
`Subject: RE: 09/590,692 et al.
`
`Steve,
`
`The RC-‘E requests for 09/590,692 and 09/894,637" have not been matched to
`their files. Can you fax a copy to me at 703 872 9025?
`A
`
`—-—'Original Message——
`From: Steve.Borsand@tradingtechnologies.com
`
`| mailto:Steve.Borsanfitmdingechnologies.com |
`‘Sent: Tuesday; March-is, 2003 4:24 PM '
`To: Ridiard.Weisberger@uspto.gov
`Subject: RE: 09/590,692 et al.
`
`Richard — I was hoping we can pick a time tomorrow to talk.
`iilablc any time that is good for you.
`
`I can be
`
`TT 0099519
`
`Thanks,
`
`000331
`
`000331
`
`

`
`Steve
`
`,.
`
`v_en F. Borsand
`.2 President, Intellectual Property
`
`Tmding Technologies, Inc.
`-ph:+13l2A76J0l8
`fax: +l.3l2-476.l 182
`
`stevc.b0rSand@tradingtcchnologies.com
`
`- 'I'I‘ 0099526
`
`000332
`
`000332
`
`

`
`From: Steve Borsand (TT) [Steve.Borsand@tmdingtechnologies.com]
`Sent: Thursday, March 27, 2003 l0:39 PM
`To: richar(iweisbergcr@uspto.gov
`Subject: 09/590,692 ct al.
`
`Richard — I was wondering if you met with quality on Wed. and if you have a better idea of how long the review will take?
`
`Thanks, Steve
`
`TT 0099549
`
`000333
`
`000333
`
`

`
`From: Steve Borsand (IT) [SteveBorsand@uadingtcchnologies.com]
`Sent: Friday, April 25, 2003 9:14 AM
`To: richard.weisberger@uspto.gov
`Subject: 09/590,692 ct al.
`
`Richard — Did you find anything out yesterday re: the status of our cases in quality review?
`
`Thanks, Steve
`
`Steven F. Borsand
`
`.
`
`Vice Ptesident, Intellectual Property
`Ttading Technologies, Inc.
`ph:+L31zA76A01a
`
`fa)c +1.312-476.1182
`steve.botsand@tradingtechnologiec.oom
`
`'1'!‘ 0099550
`
`000334
`
`000334
`
`

`
`From: Richard.Weisberger@USPTO.GOV
`Sent: Friday, April 25, 2003 1 1:00 AM
`To: Steve Borsand (IT)
`Subject: RE: 09/590,692 et al.
`
`es The cases are scheduled to be reviewed within the three weeks. Agam I
`do foresee any issues, as I am co—editing with the reviewer an internal news
`letter on the patent board's business method decisions. We have a very
`strong working relationship.
`
`Richard —
`
`—-Original Message——
`From: Steve.Borsand@tradingtechnologies.com
`mailto:Steve.Bo
`tradi
`echnolo ies.eom]
`Sent Friday, April 25, 2003 10:14 AM
`To: richard.weisberger@uspto.gov
`Subject 09/590,692 et al.
`
`Richard -— Did you find anything out yesterday re: the status of our cases
`in quality review?
`
`Thanks, Steve
`
`Steven F. Borsand
`
`Vice President, Intellectual Property
`Trading Technologies, Inc.
`
`'' 9):: +1.3 l2.476.l0l8
`. ix: +1.3 l2.476.l I82
`stevc.borsand@tradingtechnolog ics .c0m
`
`TT 0099514
`
`000335
`
`000335
`
`

`
`From: Steve Borsand (TU [SteveBorsand@tradingtechnologiescom]
`Sent: Tuesday, May 27, 2003 4:42 PM
`To: Richard-Weisberger@uspto.gov
`Subject: 09/590,692 et al-
`
`Attachments: referencesdoc
`
`Examiner Weisbeiger — Attached is a list of the references that we would prefer to be made of record in the
`various cases. Each page of the attached corresponds to a different case. Every reference listed on the attached
`was either cited by you or initialed as being considered by you in at least one of the four pending cases. Also, the
`most relevant references are already officially of record in each of the four cases and we are doing this clean—up
`out of an abundance of caution. Call me if you have any questions. Please tell us if you wantus to prepare PTO
`892 forms with all of the references listed. Also, if there is a need for copies of any references, let me know and I
`-can have those made.
`
`In addition, there is one other reference (US 200210138401 A1) that I believe should already be of record in each
`of the cases. This was a reference that was discussed at the interviews of March 13, 2003, but this reference has
`yet to be listed on'a PTO form that we have seen.
`In the spirit of completeness, I wanted to make sure I list that _
`here as well (it is not listed in the attached).
`
`Thanks for considering this,
`
`Steve
`
`<<references.do<>>
`
`Steven F. Borsand
`
`Vice President, Intellectual Property
`Trading Technologies, lnc.
`ph:+i31z47eJo13
`fax +1.31Z476.1182
`
`steve.boisand@tradingtechnologies.com
`
`"PT 0099551
`
`000336
`
`000336
`
`

`
`09/590,692:
`
`(cited in 09/589,751)
`4,903,201
`(cited in 09/589,751)
`5,101,353
`(cited in 09/589,751)
`5,946,667
`(cited in 09/589,751)
`6,035,287
`WO 95/26005 (cited in 09/589,751)
`WO 99130259 (cited in 09/894,637)
`
`000337
`
`000337
`
`

`
`09/894,637:
`
`(cited in 09/539,751)
`4,903,201
`(cited in 09/589,751)
`5,101,353
`(cited in 09/589,751)
`5,946,667
`(cited in 09/589,751)
`6,035,287
`wo 95/26005 (cited in 09/589,751)
`
`11‘ 0099553
`
`000338
`
`000338
`
`

`
`09/971 087:
`
`5,689,65 1
`(cited in 09/590,692 and 09/894,637)
`5,774,877
`(cited in 09/590,692 and 09/894,637)
`5,793,301
`(cited in 09/590,692 and 09/894,637)
`5,797,002
`(cited in 09/590,692 and 09/894,637)
`5,845,266
`(cited in 09/590,692 and 09/894,637)
`5,915,245
`(cited in 09/590,692 and 09/894,637)
`5,963,923
`(cited in 09/590,692 and 09/894,637)
`6,012,046
`(cited in 09/590,692 and 09/894,637)
`6,014,643
`(cited in 09/590,692 and 09/894,637)
`6,098,05 1
`(cited in 09/590,692 and 09/894,637)
`6,195,647
`(cited in 09/590,692 and 09/894,637)
`6,272,474
`(cited in 09/590,692 and 09/894,637)
`6,278,982
`(cited in 09/590,692 and 09/894,637)
`4,903,201
`(cited in 09/589,751)
`5, 10 1 ,353
`(cited in 09/589,751)
`5,946,667
`(cited in 09/589,751)
`6,035,287
`(cited in 09/589,751)
`WO 95/26005 (cited in 09/589,751)
`4,674,044
`(cited in 09/590,692 and 09/894,637)
`4,750,135
`(cited in 09/590,692 and 09/894,637)
`5,270,922
`(cited 11109/590,692 and 09/894,637)
`5,924,083
`(cited in 09/590,692 and 09/894,637)
`WO 99/30259 (cited in 09/894,637)
`www.tmdingtechno1ogies.com/products/xtrade__fi111.html (viewed 5/22/2001)
`(cited in O9/590,692 and 09/894,637)
`Kharouf, a trading room with a view, Futures 27, 1 1-11/1998
`(cited in 09/590,692 and 09/894,637)
`
`TI‘-0099554
`
`000339
`
`000339
`
`

`
`
`
`09/589,751:
`
`(cited in all other cases)
`5,038,284
`(cited in all other cases)
`5,077,665
`(cited in all other cases)
`5,136,501
`(cited in all other cases)
`5,297,031
`(cited in all other cases)
`5,297,032
`(cited in all other cases)
`5,689,651
`(cited in all other cases)
`5,774,877
`(cited in all other cases)
`5,793,301
`(cited in all other cases)
`5,797,002
`(cited in 09/590,692 -and 09/894,637)
`5,915,245
`(cited in all other cases)
`5,924,082
`(cited in 09/590,692 and 09/894,637)
`5,963,923
`(cited in 09/590,692 and 09/894,637)
`6,014,643
`(cited in 09/590,692 and 09/894,637)
`6,098,051
`(cited in all other cases)
`6,131,087
`(cited in all other cases)
`6,134,535
`(cited in 09/590,692 and 09/894,637)
`6,195,647
`(cited in 09/590,692 and 09/894,637)
`-6,272,474
`(cited in 09/590,692 and O9/894,637)
`6,278,982
`(cited in all other cases)
`6,282,521
`2002/0055899 (cited in all other cases)
`4,674,044
`(cited in 09/590,692 and 09/894,637)
`4,750,135
`(cited in 09/590,692 and 09/894,637)
`5,270,922
`(cited in 09/590,692 and 09/894,637)
`5,924,083
`(cited in 09/590,692 and 09/894,637)
`W000/65510 (cited in all other cases)
`W0 01/ 16830 (cited in all other cases)
`WO 01/22315 (cited in all other cases)
`WO 01/88808 (cited in all other cases)
`W0-99/30259 (cited in 09/894,637)
`‘wwwjmdingtechnologies.com/products/xt1ade_ful1-html (viewed 5/22/2001)
`(cited in 09/590,692 and 09/894,637)
`Kharouf, a trading room with a view, Futures 27, 1 1-1 1/ 1998
`(cited in 09/590,692 and 09/894,637)
`
`TT 0099555
`
`000340
`
`000340
`
`

`
`From: Richard.Weisberger@USPTO.GOV
`-Sent: Monday, August 25, 2003 3:39 PM
`To: Steve Borsand (TT)
`Subject: RE: 09/590,692 et al.
`
`‘zevc -
`
`I'll give you a ring tomorrow.
`
`Richard
`
`_
`—-«Original Message-——
`Front Steve.Borsand@tra.dingtcchnologies.com
`Imailtozsteve.Botsangl@tmdingtechnologies.com|
`Sent Monday, August 25, 2003 2: l2 PM
`To: Richar¢Wcisbcrgci@t5pto.gov
`Subject: 09/590,692 et al.
`
`Rich — Could you please give me a call? I would just like to get a status
`on what is going on in the quality review of the various cases. I will try
`to reach you by phone as well.
`
`Thanks,
`
`Steve
`
`Steven F. Borsand
`
`Vice President, Intellectual Property
`}'ading Technologies, lnc.
`flr+Ln14mJm8
`fax: +l.3 12.4’/6.1 I32
`
`sleve.borsand@tIadingtechnologies.com
`
`TT 0099513
`
`000341
`
`000341
`
`

`
`From: Steve Borsand( I I ) [Steve.Borsand@tradingteclmologies.com]
`Sent: Monday, September 08, 2003 12:47 PM
`To: richard.weisbergct@uspto.gov
`Subject: 09/590,692 et al.
`
`Rich — Could-you please call me at 312-476-1018? (I left you a voicemail as well).
`
`Thanks,
`
`Steve
`
`
`
`Steven F. Borsand
`
`Vice President, Intellectual Property
`Ttading Technologies, Inc.
`pl: +1.312.476.1018
`fazc +1.312_476.1182
`steve.botsand@tradingtechnologies.oom
`
`TI‘ 0099557
`
`000342
`
`000342
`
`

`
`From: Steve Borsandl I l ) [Steve-Borsand@tmdingtechnologiescom]
`Sent: Friday, October 03, 2003 1:27 PM
`To: richard.weisberger@uspto.»gov
`' Subject: 09/590,692 et al.
`
`Ridw — I left you a voicemail as well. Could you please give me a call to tell me at least a quick status? Last time
`we talked, we agreed to talk on 10/3.
`
`Thanks,
`
`Steve
`
`. Steven F. Borsand
`
`Vice President, Intellectual Property
`Trading Technologies, Inc.
`ph: +1 312.476.1018
`fax +1.312.476.1182
`
`steve.borsand@tradingtechno|ogies.com
`
`.__-..-
`
`TT 0099558
`
`000343
`
`000343
`
`

`
`From: Steve Borsand 1 I I ) [Steve.Borsand@tradingtechnologies.com]
`Sent: Tuesday, October 07, 2003 9:30 AM
`To: richard.weisberger@uspto-gov
`Subject: 09/690,052 et al.
`
`Rich — I am hoping we can talk today about status. Several weeks ago we agreed to talk on 10/3.
`
`Thanks,
`
`Steve
`
`
`
`Steven F. Borsand
`
`Vice President, lnteliectual Property
`Ttading Technologies, Inc.
`ph:+L312A76J018
`fax: +1.312.476.1182
`
`steve.borsand@tradingtechnologies.oom
`
`TT 0099559
`
`000344
`
`000344
`
`

`
`From: Steve Borsand (IT) [Steve.Borsand@t1adingtechnologicscom]
`Sent: Tuesday, October 21, 2003 2:34 PM
`To: Iichard.weisberger@uspto.gov
`Subject: 09/590,692 et al.
`
`Rich — I left you a voicemail as well. I believe all of the documents _have been filed. Please oonfirm that you have
`everything you need to mail the notice of allowance. Also, will you be sending that shortly?
`
`Thanks,
`
`Steve
`
`
`
`Steven F. Borsand
`
`Vsoe President, Intellectual Property .
`Ttading Technologies, Inc.
`_ph: 4-1.312-476-1018
`fa)c +1.312.476.1182
`
`steve.borsand@tradingtechnologies.oom
`
`’I'I‘ 0099562"
`
`000345
`
`000345
`
`

`
`From: Steve Borsand (IT) [Steve.Borsand@tradingtcchnologiescom]
`Sent: Tuesday, March 16, 2004 11:32 AM
`To: richard.weisberger@uspto.gov
`Subject: 10/237,131
`
`Richard - I wanted to give you a heads up that on 3/12/04, we filed amended claims asywe had discussed in this
`continuation directed to the feature of repositioning/recentering; You had actually suggested that we propose
`"independent claims with this fimitation in the past This is the file that I think was originally assigned to a different
`examiner even though it is a straight continuation‘ from the 09/590,692 case.
`In the next week or so l will be
`checking to make sure that the lDSs in this case are up to date and if they are not we will file an additional IDS.
`
`Thanks,
`
`Steve
`
`Steven.F. Borsand
`
`Vice President, Intellectual Property
`Trading Technologies, Inc.
`ph: +1.312.476.1018
`fazc +1—312447641182
`
`steve.borsand@tradingtechnologies.oom
`
`‘ax’
`
`_ TI‘ 0099591
`
`000346
`
`000346
`
`

`
`Alston & Bird
`
`000347
`
`000347
`
`

`
`From: Shah, Arilcur D. [AShah@foleylaw.com]
`Sent: Wednesday, September I l, 2002 4:50 PM
`To: Richard.Weisberger@USPTO.GOV
`Cc: Steve Borsandt l
`l
`)
`Subject: Scheduling Interviews (09/589,75l;09/894,637;09/971,087)
`
`Richarcfi
`
`You have my condolences on this anniversary of the tragedy.
`
`We tried calling you a few times today without much luck.
`
`So that my client can make the necessary travel anangements, I propose we
`schedule the interviews for Wednesday, September l8th in the afternoon.
`This will allow us enough time to discuss the issues and made any changes
`necessary to place the cases in condition for allowance before the end of
`the month.
`
`Please let me know by e-mail or voice-mail if this is agreeable to you. We
`can still discuss the cases by telephone this week to remove some issues in
`advance if you like.
`
`Thanks.
`
`-Ankur D. Shah
`
`Foley & Lardner
`(202) 945—6l32
`
`ashah@foleylaw.com
`
`The information transmitted is intended only for the person or entity to
`which it is addressed and may contain confidential and/or privileged
`material. Any review, retransmission, dissemination or other use of, or
`
`-
`taking of any action in relianceupon, this information by persons or
`entities other than the intended‘recipient is prohibited Ifyou received
`this in error, please contact the sender and delete the material from any -
`computer.
`
`'11‘ 0099502
`
`000348
`
`000348
`
`

`
`-v
`
`10/02/02 WED 12-25 FAX 70; 308 3
`'
`.
`
`687
`
`US PATENT of-‘[-‘(CE
`.
`
`@003
`
`
`
`09/894,637
`Examiner
`
`
`
` Interview Summary
`
`
`
`
`
`(2) ~
`(4)___-
`
`Date of Interview: 18 Sggtember 2002 .
`
`
`Type: a)D Tetephonic
`b)C] Video Conference
`.
`c)® Personal [copy given to: 1)l:] applicant
`2)C] applicant's representative]
`
`
`Exhibit shown or demonstration conducted:
`-d)® Yes
`e)E] No.
`_ If Yes, brief description: Tradigg Technoges Software .
`
`
`
`All participants (appticant, applicant's representative. PTO personnel):
`
`Richard C Weisberger
`
`(1) Richard C Weiggger.
`
`'
`
`(3)Steve Borsand .
`
`Clairn(s) discussed: 1-21 .
`
`
`Identification of prior art discussed:
`Agreement with respect to the claims 08 was reached. 9)D was not reached. h)C] N/A.
`
`
`
`
`
`an agreement was
`ferred embodiment of the
`
`
`
`
`
`
`
`
`
`
`
`
`
`Substance of Interview including description of the general nature of what was agreed to it
`reached, or any other comments:
`7719 sutfect matter ofthe interview was directed to a
`0
`invention. Claim Ian ua wa