Docket No. 3125—4003USI
`
`SExpress Mail No. EV 460 047 160 US
`Ch
`\I
`O)
`
`27123
`’I‘CUSTOMER NUMBER’T‘
`
`llllllllllllll
`
`113255US.PTO11/112990
`
`
`
`SOZZI/OIll/Ill!"Illllllllllllllllllll‘
`
`.C
`32/)
`‘U
`—I
`O
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND FEE TRANSMITTAL §gl.53g Ell
`
`Mail Stop
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Transmitted herewith for filing is the patent application of
`
`Inventor(s) names and addresses:
`
`(1)
`
`Keith R. McNally
`5104 Seagrove Cove
`San Diego, CA 92130
`
`(2) William H. Roof
`13429 Luckett Court
`
`San Diego, CA 92130
`
`(3)
`
`Richard Bergfeld
`20719 Nashville Street
`Chatsworth, CA 913 1 1
`
`.
`
`/I
`
`[1
`
`Additional inventors are listed on a separate sheet
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS SYSTEM WITH
`
`MENU GENERATION, AND HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`Enclosed Are:
`
`SQ
`1
`§
`§
`é
`
`El
`
`page(s) of specification
`page(s) of Abstract
`page(s) of claims
`E] Informal drawings
`sheets of
`IX Formal
`page(s) of Declaration and Power of Attorney
`
`CI Unsigned
`CI Newly Executed
`IE Copy from prior application
`[:1 Deletion of inventors including Signed Statement under 37 CPR. §1.63(d)(2)
`
`REQUEST AND CERTIFICATION UNDER 35 U.S.C. §122(b)(2)(B)(i) (form PTO/SB/35)
`As indicated on the attached Request and Certification, Applicant(s) certify that the invention disclosed in
`the attached application HAS NOT and WILL NOT be the subject of an application filed in another
`
`914260 v1
`
`Apple, Exhibit 1008, Page 1
`
`Apple, Exhibit 1008, Page 1
`
`

`

`Docket No. 3125—4003USl
`
`Express Mail No. EX 460 047 160 US
`
`country, or under a multilateral agreement, that requires publication at eighteen months afier filing.
`Applicant(s) therefore request(s) that the attached application NOT be published under 35 U.S.C. §122(b).
`
`Incorporation by Reference:
`E The entire disclosure of the prior application, from which a copy of the combined Declaration and
`Power of Attorney is supplied herein, is considered as being part of the disclosure of the
`accompanying application and is incorporated herein by reference.
`
`Deletion of Inventors (37 C.F.R. §1.63(d) and §l.33(b)
`
`Signed statement attached deleting inventor(s) named in the prior application serial no.
`
`, filed
`
`.
`
`C]
`
`Microfiche Computer Program (Appendix)
`
`E]
`
`E]
`
`[:1
`
`page(s) of Sequence Listing
`
`computer readable disk containing Sequence Listing
`
`Statement under 37 C.F.R. §1.821(t) that computer and paper copies of the Sequence Listing are the
`same
`
`E
`
`Assignment Papers (assignment cover sheet and assignment documents)
`
`El A check in the amount of $40.00 for recording the Assignment
`
`El Charge the Assignment Recordation Fee to Deposit Account No. 13-4500, Order No.
`
`IX Assignment Papers filed in the parent application Serial No. 09/400 413
`
`.
`
`E]
`
`I:
`
`[I
`
`D
`
`Certification of chain of title pursuant to 37 C.F.R. §3.73(b)
`
`Priority is claimed under 35 U.S.C. §119 for:
`Application No(s).
`’, filed
`, in
`
`(country).
`
`[I Certified Copy of Priority Document(s) [
`[:1
`filed herewith
`
`]
`
`[:1
`
`filed in application Serial No.
`
`, filed
`
`I] English translation document(s) [
`I:
`filed herewith
`
`]
`
`I]
`
`filed in application Serial No.
`
`, filed
`
`.
`
`.
`
`Priority is claimed under 35 U.S.C. §119(e) for:
`Provisional Application No.
`, filed
`
`.
`
`Information Disclosure Statement
`
`E] Copy of [
`
`| cited references
`
`E]
`
`PTO Form-1449
`
`E] References cited in parent application Serial No.
`
`, filed
`
`.
`
`C]
`
`Related Case Statement under 37 C.F.R. §1.98(a)(2)(iii)
`
`I] A copy of related pending U.S. Application(s) Serial No(s):
`attached hereto.
`
`, filed
`
`, respectively, is
`
`E] A copy of related pending U.S. Application(s) entitled,
`respectively, is attached hereto.
`
`, filed
`
`to inventor(s)
`
`,
`
`E] A copy of each related application(s) was submitted in parent application serial no.
`
`
`, filed
`
`E
`
`E
`
`Preliminary Amendment
`
`Return receipt postcard (MPEP 503)
`
`914260 v1
`
`_2_
`
`Apple, Exhibit 1008, Page 2
`
`Apple, Exhibit 1008, Page 2
`
`

`

`Docket No. 3125-4003USl
`
`Express Mail No. Q 460 047 160 US
`
`E
`
`
`This is a E continuation El divisional E] continuation-in-part of prior application serial no. 10/016 517,
`
`filed November 1 2001 which is a continuation-in—part of application serial no. 09/400,413, filed
`September 21, 1999, to which priority under 35 U.S.C. §120 is claimed.
`
`of the parent application before calculating the filing
`D Cancel in this application original claims
`fee. (At least one original independent claim must be retained for filing purposes.)
`
`E A Preliminary Amendment is enclosed. (Claims added by this Amendment have been properly
`numbered consecutively beginning with the number following the highest numbered original claim in
`the prior application).
`
`[:1
`
`The status of the parent application is as follows:
`
`[:1 A Petition for Extension of Time and a Fee therefor has been or is being filed in the parent application
`to extend the term for action in the parent application until
`
`[I A copy of the Petition for Extension of Time in the co-pending parent application is attached.
`
`I] No Petition for Extension of Time and Fee therefor are necessary in the co-pending parent
`application.
`
`C]
`
`XIII]
`
`Please abandon the parent application at a time while the parent application is pending or at a time when
`the petition for extension of time in that application is granted and while this application is pending has
`been granted a filing date, so as to make this application co-pending.
`
`Transfer the drawing(s) from the parent application to this application
`
`Amend the specification by inserting before the first line the sentence:
`This is E continuation [:1 divisional E] continuation-in-part of co-pending application Serial No.
`
`
`10/016 517, filed November 1 2001, which is a continuation-in-part of application serial no. 09/400 413,
`filed September 21, 1999.
`
`I. CALCULATION OF APPLICATION FEE
`
`Basic Fee ($300/$150)
`
`Examination Fee ($200/$100)
`
`Search Fee ($500/$250)
`
`J.
`Total Claims
`
`NumberFiled
`102.20 =
`
`Independent Claims
`
`12 - 3 =
`
`$ 150.00
`
`$ 100.00
`
`$ 250.00
`
`.0
`
`($50/$25)
`
`$ 2,050.00
`
`($200/$100)
`
`$ 900.00
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`If marked, add fee of $360/$l80
`IX] Multiple Dependent Claims
`Total Sheets
`Extra Sheets Number of each additional 50 or fraction thereof
`38- 100 =
`0/50 =
`(round up to the whole number)
`
`Fee
`($250/$125)
`
`$ 180.00
`TNT—”TW— i
`
`
`
`X
`
`E
`
`Small entity status is or has been claimed. Reduced fees under 37 CPR. §l.9 (i) paid herewith
`
`$3 630.00.
`
`
`A check in the amount of $3 630.00 in payment of the application filing fees is attached.
`
`.
`
`0 0000-00
`
`
`
`
`
`
`
`
`
`I] .
`
`Charge fee to Deposit Account No. 13-4500, Order No.
`IS ATTACHED.
`
`. A DUPLICATE COPY OF THIS SHEET
`
`914260 vl
`
`-3-
`
`Apple, Exhibit 1008, Page 3
`
`Apple, Exhibit 1008, Page 3
`
`

`

`Docket No. 3125—4003USI
`
`Express Mail No. Q 460 047 160 US
`
`IX]
`
`The Commissioner is hereby authorized to charge any additional fees which may be required for filing this
`application pursuant to 37 CFR §1.16, including all extension of time fees pursuant to 37 C.F.R. § 1.17
`for maintaining copendency with the parent application, or credit any overpayment to Deposit Account
`
`No. 13-4500 Order No. 3125—4003USI. A DUPLICATE COPY OF THIS SHEET IS ATTACHED.
`
`Respectfully submitted,
`MORGAN & FINNEGAN, L.L.P.
`
`By: %
`
`Angus R.Gill
`Registration No. 51,133
`
`Dated: April 22, 2005
`
`Correspondence Address:
`
`MORGAN & FINNEGAN, L.L.P.
`3 World Financial Center
`
`New York, NY 10281-2101
`(212) 415-8700
`Telephone
`(212) 415-8701
`Facsimile
`
`914260 v1
`
`Apple, Exhibit 1008, Page 4
`
`Apple, Exhibit 1008, Page 4
`
`

`

`2
`)ocket No. 3125-4003USl
`Serial NolGontinuation of 10/016,517
`
`O 0
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Serial No.:
`
`Continuation of 10/016,517
`
`Filed:
`
`HEREWITH
`
`Group Art Unit:
`
`2173 (parent case)
`
`Examiner:
`
`Cao Nguyen (parent case)
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS
`
`COMIVIUNICATIONS SYSTEM WITH MENU GENERATION, AND
`HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`EXPRESS MAIL CERTIFICATE
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Express Mail Label No.: EV .460 047 160 US
`
`Date of Deposit: April 22, 2005
`
`I hereby certify that the following attached paper(s) and/or fee
`
`1 2 3
`
`Utility Application and Fee Transmittal - 4 pages (in duplicate)
`Specification with Claims & Abstract- 37 pages
`.
`8 Sheets of Formal Drawings (FIGS. 1 9-)
`4. Copy of executed Combined Declaration/Power of Attorney from Serial No. 09/400,413- 6 pages
`Preliminary Amendment- 29 pages (in duplicate)
`Check for $3, 630. 00 (filing fees)
`Postcard for Receipt Acknowledgement
`7.
`is being deposited with the United States Postal Service “Express Mail Post Office to Addressee”
`service under 37 C.FR. §1. 10 on the date indicated above andIS addressed to Commissioner for
`Patents, PO. Box 1450, Alexandria, VA 22313—1450.
`
`5 6
`
`M ,
`
`rintednameofpersoéfiéilgngpapers(s)and/orfee)
`
`
`
`
`of person mailing paper(s) and/or fee)
`
`Apple, Exhibit 1008, Page 5
`
`Correspondence Address:
`
`MORGAN & FINNEGAN, L.L.P.
`3 World Financial Center
`
`New York, NY 10281—2101
`
`(212) 415-8700 Telephone
`(212) 415-8701 Facsimile
`
`914254 v1
`
`
`
`‘!
`E E
`{\2
`§
`
`v;
`E 3:0
`E 3 Applicant(s): McNally et al.
`0
`
`Apple, Exhibit 1008, Page 5
`
`

`

`Docket No. 3125—4003USI
`
`SExpress Mail No. EV 460 047 160 US
`Ch
`\I
`O)
`
`27123
`’I‘CUSTOMER NUMBER’T‘
`
`llllllllllllll
`
`113255US.PTO11/112990
`
`
`
`SOZZI/OIll/Ill!"Illllllllllllllllllll‘
`
`.C
`32/)
`‘U
`—I
`O
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND FEE TRANSMITTAL §gl.53g Ell
`
`Mail Stop
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Transmitted herewith for filing is the patent application of
`
`Inventor(s) names and addresses:
`
`(1)
`
`Keith R. McNally
`5104 Seagrove Cove
`San Diego, CA 92130
`
`(2) William H. Roof
`13429 Luckett Court
`
`San Diego, CA 92130
`
`(3)
`
`Richard Bergfeld
`20719 Nashville Street
`Chatsworth, CA 913 1 1
`
`.
`
`/I
`
`[1
`
`Additional inventors are listed on a separate sheet
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS SYSTEM WITH
`
`MENU GENERATION, AND HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`Enclosed Are:
`
`SQ
`1
`§
`§
`é
`
`El
`
`page(s) of specification
`page(s) of Abstract
`page(s) of claims
`E] Informal drawings
`sheets of
`IX Formal
`page(s) of Declaration and Power of Attorney
`
`CI Unsigned
`CI Newly Executed
`IE Copy from prior application
`[:1 Deletion of inventors including Signed Statement under 37 CPR. §1.63(d)(2)
`
`REQUEST AND CERTIFICATION UNDER 35 U.S.C. §122(b)(2)(B)(i) (form PTO/SB/35)
`As indicated on the attached Request and Certification, Applicant(s) certify that the invention disclosed in
`the attached application HAS NOT and WILL NOT be the subject of an application filed in another
`
`914260 v1
`
`Apple, Exhibit 1008, Page 6
`
`Apple, Exhibit 1008, Page 6
`
`

`

`Docket No. 3125—4003USl
`
`Express Mail No. EX 460 047 160 US
`
`country, or under a multilateral agreement, that requires publication at eighteen months afier filing.
`Applicant(s) therefore request(s) that the attached application NOT be published under 35 U.S.C. §122(b).
`
`Incorporation by Reference:
`E The entire disclosure of the prior application, from which a copy of the combined Declaration and
`Power of Attorney is supplied herein, is considered as being part of the disclosure of the
`accompanying application and is incorporated herein by reference.
`
`Deletion of Inventors (37 C.F.R. §1.63(d) and §l.33(b)
`
`Signed statement attached deleting inventor(s) named in the prior application serial no.
`
`, filed
`
`.
`
`C]
`
`Microfiche Computer Program (Appendix)
`
`E]
`
`E]
`
`[:1
`
`page(s) of Sequence Listing
`
`computer readable disk containing Sequence Listing
`
`Statement under 37 C.F.R. §1.821(t) that computer and paper copies of the Sequence Listing are the
`same
`
`E
`
`Assignment Papers (assignment cover sheet and assignment documents)
`
`El A check in the amount of $40.00 for recording the Assignment
`
`El Charge the Assignment Recordation Fee to Deposit Account No. 13-4500, Order No.
`
`IX Assignment Papers filed in the parent application Serial No. 09/400 413
`
`.
`
`E]
`
`I:
`
`[I
`
`D
`
`Certification of chain of title pursuant to 37 C.F.R. §3.73(b)
`
`Priority is claimed under 35 U.S.C. §119 for:
`Application No(s).
`’, filed
`, in
`
`(country).
`
`[I Certified Copy of Priority Document(s) [
`[:1
`filed herewith
`
`]
`
`[:1
`
`filed in application Serial No.
`
`, filed
`
`I] English translation document(s) [
`I:
`filed herewith
`
`]
`
`I]
`
`filed in application Serial No.
`
`, filed
`
`.
`
`.
`
`Priority is claimed under 35 U.S.C. §119(e) for:
`Provisional Application No.
`, filed
`
`.
`
`Information Disclosure Statement
`
`E] Copy of [
`
`| cited references
`
`E]
`
`PTO Form-1449
`
`E] References cited in parent application Serial No.
`
`, filed
`
`.
`
`C]
`
`Related Case Statement under 37 C.F.R. §1.98(a)(2)(iii)
`
`I] A copy of related pending U.S. Application(s) Serial No(s):
`attached hereto.
`
`, filed
`
`, respectively, is
`
`E] A copy of related pending U.S. Application(s) entitled,
`respectively, is attached hereto.
`
`, filed
`
`to inventor(s)
`
`,
`
`E] A copy of each related application(s) was submitted in parent application serial no.
`
`
`, filed
`
`E
`
`E
`
`Preliminary Amendment
`
`Return receipt postcard (MPEP 503)
`
`914260 v1
`
`_2_
`
`Apple, Exhibit 1008, Page 7
`
`Apple, Exhibit 1008, Page 7
`
`

`

`Docket No. 3125-4003USl
`
`Express Mail No. Q 460 047 160 US
`
`E
`
`
`This is a E continuation El divisional E] continuation-in-part of prior application serial no. 10/016 517,
`
`filed November 1 2001 which is a continuation-in—part of application serial no. 09/400,413, filed
`September 21, 1999, to which priority under 35 U.S.C. §120 is claimed.
`
`of the parent application before calculating the filing
`D Cancel in this application original claims
`fee. (At least one original independent claim must be retained for filing purposes.)
`
`E A Preliminary Amendment is enclosed. (Claims added by this Amendment have been properly
`numbered consecutively beginning with the number following the highest numbered original claim in
`the prior application).
`
`[:1
`
`The status of the parent application is as follows:
`
`[:1 A Petition for Extension of Time and a Fee therefor has been or is being filed in the parent application
`to extend the term for action in the parent application until
`
`[I A copy of the Petition for Extension of Time in the co-pending parent application is attached.
`
`I] No Petition for Extension of Time and Fee therefor are necessary in the co-pending parent
`application.
`
`C]
`
`XIII]
`
`Please abandon the parent application at a time while the parent application is pending or at a time when
`the petition for extension of time in that application is granted and while this application is pending has
`been granted a filing date, so as to make this application co-pending.
`
`Transfer the drawing(s) from the parent application to this application
`
`Amend the specification by inserting before the first line the sentence:
`This is E continuation [:1 divisional E] continuation-in-part of co-pending application Serial No.
`
`
`10/016 517, filed November 1 2001, which is a continuation-in-part of application serial no. 09/400 413,
`filed September 21, 1999.
`
`I. CALCULATION OF APPLICATION FEE
`
`Basic Fee ($300/$150)
`
`Examination Fee ($200/$100)
`
`Search Fee ($500/$250)
`
`J.
`Total Claims
`
`NumberFiled
`102.20 =
`
`Independent Claims
`
`12 - 3 =
`
`$ 150.00
`
`$ 100.00
`
`$ 250.00
`
`.0
`
`($50/$25)
`
`$ 2,050.00
`
`($200/$100)
`
`$ 900.00
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`If marked, add fee of $360/$l80
`IX] Multiple Dependent Claims
`Total Sheets
`Extra Sheets Number of each additional 50 or fraction thereof
`38- 100 =
`0/50 =
`(round up to the whole number)
`
`Fee
`($250/$125)
`
`$ 180.00
`TNT—”TW— i
`
`
`
`X
`
`E
`
`Small entity status is or has been claimed. Reduced fees under 37 CPR. §l.9 (i) paid herewith
`
`$3 630.00.
`
`
`A check in the amount of $3 630.00 in payment of the application filing fees is attached.
`
`.
`
`0 0000-00
`
`
`
`
`
`
`
`
`
`I] .
`
`Charge fee to Deposit Account No. 13-4500, Order No.
`IS ATTACHED.
`
`. A DUPLICATE COPY OF THIS SHEET
`
`914260 vl
`
`-3-
`
`Apple, Exhibit 1008, Page 8
`
`Apple, Exhibit 1008, Page 8
`
`

`

`Docket No. 3125—4003USI
`
`Express Mail No. Q 460 047 160 US
`
`IX]
`
`The Commissioner is hereby authorized to charge any additional fees which may be required for filing this
`application pursuant to 37 CFR §1.16, including all extension of time fees pursuant to 37 C.F.R. § 1.17
`for maintaining copendency with the parent application, or credit any overpayment to Deposit Account
`
`No. 13-4500 Order No. 3125—4003USI. A DUPLICATE COPY OF THIS SHEET IS ATTACHED.
`
`Respectfully submitted,
`MORGAN & FINNEGAN, L.L.P.
`
`By: %
`
`Angus R.Gill
`Registration No. 51,133
`
`Dated: April 22, 2005
`
`Correspondence Address:
`
`MORGAN & FINNEGAN, L.L.P.
`3 World Financial Center
`
`New York, NY 10281-2101
`(212) 415-8700
`Telephone
`(212) 415-8701
`Facsimile
`
`914260 v1
`
`Apple, Exhibit 1008, Page 9
`
`Apple, Exhibit 1008, Page 9
`
`

`

`2
`)ocket No. 3125-4003USl
`Serial NolGontinuation of 10/016,517
`
`O 0
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Serial No.:
`
`Continuation of 10/016,517
`
`Filed:
`
`HEREWITH
`
`Group Art Unit:
`
`2173 (parent case)
`
`Examiner:
`
`Cao Nguyen (parent case)
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS
`
`COMIVIUNICATIONS SYSTEM WITH MENU GENERATION, AND
`HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`EXPRESS MAIL CERTIFICATE
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Express Mail Label No.: EV .460 047 160 US
`
`Date of Deposit: April 22, 2005
`
`I hereby certify that the following attached paper(s) and/or fee
`
`1 2 3
`
`Utility Application and Fee Transmittal - 4 pages (in duplicate)
`Specification with Claims & Abstract- 37 pages
`.
`8 Sheets of Formal Drawings (FIGS. 1 9-)
`4. Copy of executed Combined Declaration/Power of Attorney from Serial No. 09/400,413- 6 pages
`Preliminary Amendment- 29 pages (in duplicate)
`Check for $3, 630. 00 (filing fees)
`Postcard for Receipt Acknowledgement
`7.
`is being deposited with the United States Postal Service “Express Mail Post Office to Addressee”
`service under 37 C.FR. §1. 10 on the date indicated above andIS addressed to Commissioner for
`Patents, PO. Box 1450, Alexandria, VA 22313—1450.
`
`5 6
`
`M ,
`
`rintednameofpersoéfiéilgngpapers(s)and/orfee)
`
`
`
`
`of person mailing paper(s) and/or fee)
`
`Apple, Exhibit 1008, Page 10
`
`Correspondence Address:
`
`MORGAN & FINNEGAN, L.L.P.
`3 World Financial Center
`
`New York, NY 10281—2101
`
`(212) 415-8700 Telephone
`(212) 415-8701 Facsimile
`
`914254 v1
`
`
`
`‘!
`E E
`{\2
`§
`
`v;
`E 3:0
`E 3 Applicant(s): McNally et al.
`0
`
`Apple, Exhibit 1008, Page 10
`
`

`

`d
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`Attorney Docket No. 3125-4003USI
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`UNITED STATES PATENT APPLICATION
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`For:
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`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
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`SYSTEM WITH MENU GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
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`Inventors:
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`KEITH R. MCNALLY
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`WILLIAM H. ROOF
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`RICHARD BERGFELD
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`Attorney Docket No. 3125—4003USI
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`UNITED STATES PATENT APPLICATION
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`OF: KEITH R. MCNALLY
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`WILLIAM H. ROOF
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`RICHARD BERGFELD
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`FOR: INFORMATION MANAGEMENT AND SYNCHRONOUS
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`COMMUNICATIONS SYSTEM WITH MENU
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`GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
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`The present application is a continuation of Application Serial No. 10/016,517,
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`filed November 1, 2001, which is a continuation-in-part of Application Serial No. 09/400,413,
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`filed September 21, 1999 (now US. Patent No. 6,384,850). The contents of Application Serial
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`No. 10/016,517 and Application Serial No. 09/400,413 are incorporated herein by reference.
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`FIELD OF THE INVENTION
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`This
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`invention relates
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`to an information management
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`and synchronous
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`communications system and method for generation of computerized menus for restaurants and
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`other applications with specialized display and synchronous communications requirements
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`related to, for example,
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`the use of equipment or software with non-PC—standard graphical
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`formats, display sizes and/or applications for use in remote data entry, information management
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`via standard hardwired connection, the intemet, a wireless link, smart phone or the like.
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`BACKGROUND OF THE INVENTION
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`While computers have dramatically altered many aspects of modern life, pen and
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`paper have prevailed in the hospitality industry, e.g., for restaurant ordering, reservations and
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`Attorney Docket No. 3125-4003US 1
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`wait-list management, because of their simplicity, ease of training and operational speed. For
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`example, ordering prepared foods has historically been done verbally, either directly to a waiter
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`or over the telephone, whereupon the placed order is recorded on paper by the recipient or
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`instantly filled.
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`Although not previously adapted for wide-scale use in the hospitality industry,
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`various forms of digital wireless communication devices are in common use, e.g., digital
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`wireless messengers and pagers. Also in common use are portable laptop and handheld devices.
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`However, user—friendly information management and communication capability not requiring
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`extensive computer expertise has not heretofore been available for use in everyday life such as
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`for restaurant ordering, reservations and wait-list management. Hundreds of millions of dollars
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`have been spent on personal digital assistant (“PDA”) development seeking to produce a small,
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`light-weight and inexpensive device that could be adapted to such uses; yet none have yielded a ‘
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`satisfactory solution.
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`One of the inherent shortcomings of FDA type devices is that, as they strive for
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`small size, low weight and low cost, they must compromise the size and clarity of the operator
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`display medium interface itself, which in most cases is one of a variety of LCD (liquid crystal
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`display) type devices. As the size of the display shrinks, the amount of information that may be
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`displayed at any one point or time is commensurately decreased, typically requiring multiple
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`screens and displays to display information to the operator. This reduces the overall utility of the
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`device. Additionally,
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`the smaller display and keyboard results in a non-optimal operator
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`interface, which slows down operation and is thus unacceptable for the time criticality of
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`ordering, reservation and wait-list management and other similar applications. This necessitates
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`Attorney Docket No. 3125-4003USI
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`many design compromises which in the aggregate have resulted in limited acceptance of FDA
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`type devices in the restaurant and hospitality fields.
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`Many of the negatives prevalent in earlier devices have been eliminated, but, to
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`date, there is still no integrated solution to the ordering/waitlist/reservation problem discussed
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`above. With the advent of the Palm® and other handheld wireless devices, however, the efforts
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`to make such devices ubiquitous have begun to bear fruit at least in some areas, e.g., personal
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`calendars. However, substantial use of such devices in the restaurant 'and hospitality context has
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`not occurred to date. As discussed above, at least one of the reasons PDAs have not been
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`quickly assimilated into the restaurant and hospitality industries is that their small display sizes
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`are not readily amenable to display of menus as they are commonly printed on paper or displayed
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`on, e.g.,
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`large, color desktop computer screens. Another reason is that software for fully
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`realizing the potential
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`for wireless handheld computing devices has not previously been
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`available. Such features would include fast and automatic synchronization between a central
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`database and multiple handheld devices, synchronization and communication between a World
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`Wide Web (“Web”) server and multiple handheld devices, a well-defined application program
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`interface (“API”) that enables third parties such as point of sale (“POS”) companies, affinity
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`program companies and internet content providers to fully integrate with computerized
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`hospitality applications, real-time communication over the internet with direct connections or
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`regular modern dialup connections and support for batch processing that can be done periodically
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`throughout the day to keep multiple sites in synch with the central database. A single point of
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`entry for all hospitality applications to communicate with one another wirelessly has also
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`previously been unavailable. Such a single point of entry would work to keep all wireless
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`handheld devices and linked Web sites in synch with the backoffice server (central database) so
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`Attorney Docket No. 3125-4003USI
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`that the different components are in equilibrium at any given time and an overall consistency is
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`achieved. For example, a reservation made online would be automatically communicated to the
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`backoflice server and then synchronized with all the wireless handheld devices wirelessly.
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`Similarly, changes made on any of the wireless handheld devices would be reflected
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`instantaneously on the backoffice server, Web pages and the other handheld devices.
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`For
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`the foregoing reasons, paper-based ordering, waitlist and reservations
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`management have persisted in the face of widespread computerization in practically all areas of
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`commerce. At most, computerization of these functions has been largely limited to fixed
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`computer solutions,
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`i.e., desktop or mainframe, because of the problems heretofore faced in
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`configuring wireless handheld devices and maintaining database synchronization for such
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`applications. Specifically, the unavailability of any simple technique for creating restaurant
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`menus and the like for use in a limited display area wireless handheld device or that
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`is
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`compatible with ordering over
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`the
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`intemet has prevented widespread adoption of
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`computerization in the hospitality industry. Without a viable solution for this problem,
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`organizations have not made the efforts or investments to establish automated interfaces to
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`handheld and Web site menus and ordering options.
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`A principal object of the present invention is to provide an improved information
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`management and synchronous communications system and method which facilitates user-
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`friendly and efficient generation of computerized menus for restaurants and other applications
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`that utilize equipment with non-PC-standard graphical formats, display sizes and/or applications.
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`A further object of the present invention is to provide an improved information
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`management and synchronous communications system. and method which provides for entry,
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`management and communication of information from the operator as well as to and from another
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`Apple, Exhibit 1008, Page 15
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`computer, Web page menu, remote digital device using a standard hardwired connection, the
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`intemet or a wireless link.
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`A further object of the present invention is to provide an improved information
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`management and synchronous communications
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`system which is
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`small, affordable and
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`lightweight yet incorporates a user—friendly operator interface and displays menus in a readily
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`comprehensible format.
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`A filrther object of the present invention is to provide a synchronous information
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`management and communications system which enables automatic updating of both wireless and
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`intemet menu systems when a new menu item is added, modified or deleted from any element of
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`the system.
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`SUMMARY OF THE INVENTION
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`The foregoing and other objects of the present invention are provided by a
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`synchronous information management and communications system and method optimized for
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`simplicity of operation which incorporates menu generation for creation of menus to be used
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`with wireless remote handheld computer and PDA devices, the internet or any application where
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`simple and efficient generation of menus is appropriate. The menu generation approach of the
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`present invention includes a desktop software application that enables the rapid creation and
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`building of a menu and provides a means to instantly download the menu configuration onto,
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`e.g., a handheld device or Web page and to seamlessly interface with standard point of sale
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`(“POS”) systems to enable automatic database updates and communication exchanges when a
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`change or input occurs in any of the other system elements. To solve the above and other related
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`problems, an information management and communications system is provided which results in
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`a dramatic reduction in the amount of time, and hence cost,
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`to generate and maintain
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`Apple, Exhibit 1008, Page 16
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`Apple, Exhibit 1008, Page 16
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`Attorney Docket No. 3125-4003USl
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`computerized menus for, e.g., restaurants and other related applications that utilize non-PC-
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`standard graphical formats, display sizes or applications.
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`The menu generation approach of the present invention has many advantages over
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`previous approaches in solving the problem of converting paper-based menus or Windows® PC-
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`based menu screens to small PDA-sized displays and Web pages.
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`In one embodiment, the
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`present invention is a software tool for building a menu, optimizing the process of how the menu
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`can be downloaded to either a handheld device or Web page, and making manual or automatic
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`modifications to the menu after initial creation.
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`Manual modifications to the generated menus include handwritten screen captures
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`and/or voice recorded message captures coupled with the standard menus and modifiers
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`generated according to standard choices . Such manual modifications enable an extremely rapid
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`and intuitive interface to enhance operations and further optimize the overall operator interface.
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`This approach solves a long-standing, operational issue in restaurant/hotel/casino food/drink
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`ordering when customers want something unusual and not anticipated and available through
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`normal computerized selections. As seen in Figure 8, the operator screen on the hand-held can
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`capture handwritten information specific to a customers requests directly on the touch-sensitive
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`screen of the wireless computing device. This additional information can then be coupled with
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`the fixed menu and modifier
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`information generated automatically from the. hospitality
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`application software and the combined message can be sent to a restaurant point of sale (POS)
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`system, printer or/or display system. This unique operator interface enables universal languages
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`and an unlimited set of information to be manually communicated and exchanged. The resultant
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`combined message of one or more fixed indications selected from a menu of a device such as a
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`Attorney Docket No. 3125-4003USI
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`hand-held, and dynamic handwritten messages and/or data provides an even more powerful tool
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`than either modality used independently.
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`For example a restaurant server taking a drink order could select from a menu of
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`her hand-held device’s screen “Iced Tea”, and then manually write in the literal screen of her
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`hand-held “with lemon” as shown in Figure 8. The manually-written information could, for
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`example, be printed or displayed in front of a bartender preparing the drink order. The indication
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`“Iced Tea” as selected from a menu of the hand-held would also be presented to the bartender,
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`perhaps by printing and/or screen display. The server can also select any printer from within the
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`hospitality establishment directly from the operator interface on the screen of the hand-held and
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`have either the order or the receipt printed out where it is most convenient and efficient.
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`Similarly, a server taking a drink order could select from a menu of her hand—held
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`device’s screen “Iced Tea”, and then record the voice message “with lemon” using her hand-held
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`device integral microphone. The recorded information could, for example, be played on a
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`speaker attached to a computer, POS system, or the like located near the bartender or chef
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`preparing the order. The indication “Iced Tea” as selected from a menu of the hand-held would
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`also be presented to the bartender/chef, perhaps by printing and/or screen display. Both the literal
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`screen capture method and the voice recorded message method combine the power of automatic
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`fixed menugeneration with the expanded flexibility to reso