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`APPLICATION NUMBER: 09/400,413
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`FILING DATE: September 21, 1999
`PATENT NUMBER: 6,384,850
`ISSUE DATE: May 07, 2002
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`By Authority of the
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`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
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`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
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`OF:
`
`APPLICATION NUMBER: 09/400,413
`
`FILING DATE: September 21, 1999
`
`PATENT NUMBER: 6,384,850
`
`ISSUE DATE: May 07, 2002
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`By Authority of the
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`GROUP ART UNET
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`ATTORNEY DOCKET NO.
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`PATENT APPLICATION SERIAL N0. Q Z 0
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`U.S. DEPARTMENT OF COMMERCE
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`PATENT AND TRADEMARK OFFICE
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`ASSISTANT COMMISSIONER FOR PATENTS
`Box Patent Application
`Washington. D.C. 20231
`
`Sir:
`
`Transmitted herewith for filing is the patent application of
`
`Named lnventor(s) and
`Address(es):
`
`Keith R. McNally, Santa Clarita, CA; William H. Roof, San Diego, CA; Richard
`Bcrgfeld, Chatsworth, CA
`
`For:
`
`HNIFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`
`Enclosed are:
`
`SYSTEM WITH MENU GENERATION
`
`[X]
`
`Zfi
`
`page(s) of specification. __L_,_page(s) of Abstract, _Lpage{s) ofclaims
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`7
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`sheets of drawing
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`
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`I Deletion of inventors including Signed Statement under 37 C.F.R. § l.63(d}(2)
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`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.
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`Microfiche Computer Program (Appendix)
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`computer readable disk containing Sequence Listing
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`Apme,ExmbH1010,Page6
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`Docket No. 3125-4002
`
`Claim for Priority
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`Certified copy of Priority Doct1ment(s)
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`[
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`English translation documents
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`Information Disclosure Statement
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`[
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`Copy of__ cited references
`
`Copy of PTO- 1449 filed in parent application serial No.
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`Preliminary Amendment
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`Assignment Papers (assignment cover sheet and assignment documents)
`
`[
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`A check in die amount of $40.00 for recording the Assignment.
`
`Assignment papers filed in patent application Serial No.
`
`Certification of chain of title pursuant to 37 C.F.R. § 3.73{b).
`
`This is a [
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`] continuation [
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`] divisional {
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`] continuation-in-part (C-I-P} of prior application serial no.
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`of the parent application before
`Cancel in this application original claims
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`calculating the filing fee. (At least one original independent claim must be retained for filing purposes.)
`
`[
`
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`
`A preliminary Amendment is enclosed. (Claims added by this Amendment have been properly
`numbered consecutively beginning with the ntunber following the highest numbered original
`claim in the prior application.
`
`The status of the patent application is as follows:
`
`[
`
`]
`
`[
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`A Petition For Extension of Time and a Fee therefor has been or is being filed hi the parent
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`A copy of the Petition for Extension of Time in the co-pending parent application is attached.
`
`No Petition For Extension of Time and Fee therefor are necessary in the co-pending parent
`application.
`
`Please abandon the patent 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 pendi.ng has
`been granted a filing date, so as to make this application co-pending.
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`{
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`Transfer the drawing(s} from the patent application to this application.
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`I. CALCULATION OF APPLICATION FEE (For Other Than A Small Entity)
`Basic Fee
`
`Docket No. 3125-4002
`
`Number Filed
`
`Number Extra
`
`Rate
`
`$760.00
`
`
`
`Total
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`[ndependent
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`§ l.9(F] (50% of total) paid herewith 5 665.00.
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`A check in the amount of $_6§_5JE1 in payment of the application filing fees is attached.
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`Charge Fee{s) to Deposit Account No. 13-4500. Order No.
`THIS SHEET IS ATTACHED.
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`. A DUPLICATE COPY OF
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`The Assistant Cornmissioner is hereby authorized to charge any additional fees which may be required for
`filing this application, or credit any overpayment to Deposit Account No. 13-4500, Order No. 3125-4002.
`A DUPLICATE COPY OF THIS SHEET IS ATTACHED.
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`Respectfully submitted.
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`MORGAN & FINNEGAN, L.L.P.
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`By:
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`J
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`Registration No. 36,231
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`Dated: September 21, 1999
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`CORRESPONDENCE ADDRESS:
`
`MORGAN & FINNEGAN. LLP.
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`(212)751-6849 Facsimile
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`FORM: UTL-TRANNY
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`Apple, Exhibit 1010, Page 8
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`Docket No. ;;;5_.gq1z
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`Find
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`Keith R. McNal|y
`William H. Roof
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`Richard Bergfeld
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`TBA
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`September 21, 1999
`
`Group Art Unit :
`
`TBA
`
`Examiner:
`
`TBA
`
`INFORMATION MANAGEMENT AND SYNC]-IRONOUS
`COMMUNICATIONS SYSTEM WITH MENU GENERATION
`
`
`
`Assistant Commissioner for Patents
`Washington, D.C. 20231
`
`Express Mail Label No. fl2flS
`
`Date of Depositr
`
`I hereby certify that the following attached paper-(s) andlor fee
`
`Application with 43 claims, 7 sheets of drawing figures; one (1) page abstract
`Application Fee Transmittal:
`Filing Fee in the amount of $665.00;
`Combined Declaration and Power of Attorney (unsigned);
`Statement {Declaration} Claiming Small Entity Status; and
`Return receipt postcard.
`
`
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`is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under 3?
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`C.F.R. §1.l0 on the date indicated above and is addressed to the Assistant Commissioner for Patents, Washington,
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`D.C. 20231.
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`paper{s) andfor fee)
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`CORRESPONDENCE ADDRESS:
`MORGAN & FINNEGAN. L.L.P.
`345 Park Avenue
`New York, New York 10154
`(212) 758-4300
`(212) 751-6849 Facsimile
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`Apple, Exhibit 1010, Page 9
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`Attorney Docket No. 3125-4002
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`IJEEILEJEI_EE1I£5£!CEZS_lE£5LI]EJ&[IL1&IIla!SZ1§£lLI£2I!
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`OF: KEITH R. McNALLY
`WILLIAM H. ROOF
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`FOR: INFORMATION MANAGEMENT AND SYNCI-IRONOUS
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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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`formats, display sizes andfor applications for use in remote data entry, information management
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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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`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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`instantly filled.
`
`4-:ro392_1
`
`Apple, Exhibit 1010, Page 11
`
`

`
`Although not previously adapted for wide-scale use in the hospitality industry.
`
`various fonns 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-fiiendly 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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`screens and displays to display information to the operator. This reduces the overall utility of the
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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
`
`many design compromises which in the aggregate have resulted in limited acceptance of PDA
`
`type devices in the restaurant and hospitality fields.
`
`Many of the negatives prevalent in earlier devices have been eliminated, but, to
`
`date, there is still no integrated solution to the ordering/waitlistfreservation problem discussed
`
`above. With the advent of the Palms’ and other handheld wireless devices, however, the efforts
`
`49o392_ I
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`Apple, Exhibit 1010, Page 12
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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
`
`not occurred to date. As discussed above, at least one of the reasons PDAs have not been
`
`quickly assimilated into the restaurant and hospitality industries is that their small display sizes
`
`are not readily amenable to display of menus as they are commonly printed on paper or displayed
`
`on, e.g.,
`
`large, color desktop computer screens. Another reason is that sofiware for fully
`
`realizing the potential
`
`for wireless handheld computing devices has not previously been
`
`available. Such features would include fast and automatic synchronization between a central
`
`\D
`
`database and multiple handheld devices, synchronization and communication between a World
`
`Wide Web (“Web") server and multiple handheld devices, a well-defined application program
`
`interface (“API") that enables third parties such as point of sale (“POS") companies, aflinity
`
`program companies and internet content providers to fully integrate with computerized
`
`hospitality applications, real-time communication over the intemet with direct connections or
`
`regular modem dialup connections and support for batch processing that can be done periodically
`
`throughout the day to keep multiple sites in synch with the central database. A single point of
`
`entry for all hospitality applications to communicate with one another wirelessly has also
`
`previously been unavailable. Such a single point of entry would work to keep all wireless
`
`handheld devices and linked Web sites in synch with the backoflice server (central database) so
`
`that the different components are in equilibrium at any given time and an overall consistency is
`
`achieved. For example, a reservation made online would be automatically communicated to the
`
`backofiice server and then synchronized with all the wireless handheld devices wirelessly.
`
`Similarly, changes made on any of the wireless handheld devices would be reflected
`
`instantaneously on the backoffice server, Web pages and the other handheld devices.
`
`49o392_1
`
`Apple, Exhibit 1010, Page 13
`
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`1
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`2
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`3
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`4
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`5
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`6
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`For
`
`the foregoing reasons, paper-based ordering, waitlist and reservations
`
`management have persisted in the face of widespread computerization in practically all areas of
`
`commerce. At most, computerization of these functions has been largely limited to fixed
`
`computer solutions, i.e., desktop or mainframe, because of the problems heretofore faced in
`
`configuring wireless handheld devices and maintaining database synchronization for such
`
`applications. Specifically, the unavailability of any simple technique for creating restaurant
`
`‘Jr’ menus and the like for use in a limited display area wireless handheld device or that
`
`is
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`8
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`La-F management and synchronous communications system and method which facilitates user-
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`compatible with ordering over
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`the
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`internet has prevented widespread adoption of
`
`computerization in the hospitality industry. Without a viable solution for this problem,
`
`organizations have not made the efforts or investments to establish automated interfaces to
`
`handheld and Web site menus and ordering options.
`
`A principal object of the present invention is to provide an improved infonnation
`
`friendly and efficient generation of computerized menus for restaurants and other applications
`
`that utilize equipment with non-PC-standard graphical formats, display sizes andfor applications.
`
`A further object of the present invention is to provide an improved information
`
`
`
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`__l:EEnIE3;"I33"EiL‘_ll.’.‘iiilIL|_‘"1~IEII,Jl'-"il“1Il.".Iil*ll_"_|1i3':.aE131O‘\IN.)
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`17 management and synchronous communications system and method which provides for entry,
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`18
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`19
`
`management and communication of information from the operator as well as to and from another
`
`computer, Web page menu, remote digital device using a standard hardwired connection, the
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`20
`
`intemet or a wireless link.
`
`21
`
`22
`
`A further object of the present invention is to provide an improved information
`
`management and synchronous communications
`
`system which is
`
`small, affordable and
`
`49o392_1
`
`Apple, Exhibit 1010, Page 14
`
`

`
`lightweight yet incorporates a user-friendly operator interface and displays menus in a readily
`
`comprehensible format.
`
`A further object of the present invention is to provide a synchronous information
`
`management and communications system which enables automatic updating of both wireless and
`
`intemet menu systems when a new menu item is added, modified or deleted from any element of
`
`the system.
`
` E
`
`The foregoing and other objects of the present
`
`invention are provided by a
`
`synchronous information management and communications system and method optimized for
`
`simpiicity of operation which incorporates menu generation for creation of menus to be used
`
`with wireless remote handheld computer and PDA devices, the internet or any application where
`
`simple and efficient generation of menus is appropriate. The menu generation approach of the
`
`present invention includes a desktop software application that enables the rapid creation and
`
`building of a menu and provides a means to instantly download the menu configuration onto,
`
`e.g., a handheld device or Web page and to seamlessly interface with standard point of sale
`
`(“POS") systems to enable automatic database updates and communication exchanges when a
`
`change or input occurs in any of the other system elements. To solve the above and other related
`
`problems, an information management and communications system is provided which results in
`
`a dramatic reduction in the amount of time, and hence cost,
`
`to generate and maintain
`
`computerized menus for, eg., restaurants and other reiated applications that utilize non-PC-
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`standard graphical formats, display sizes or applications.
`
`The menu generation approach of the present invention has many advantages over
`
`previous approaches in solving the problem of converting paper-based menus or Windows® PC-
`
`49o392_|
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`-5-
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`4.
`
`Apple, Exhibit 1010, Page 15
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`

`
`based menu screens to small PDA-sized displays and Web pages.
`
`In one embodiment, the
`
`present invention is a software tool for building a menu, optimizing the process of how the menu
`
`can be downloaded to either a handheld device or Web page, and making manual or automatic
`
`modifications to the menu after initial creation.
`
`The use of wireless handheld devices in the restaurant and hospitality industry is
`
`becoming increasingly pervasive as restaurant owners and managers become more aware of the
`
`benefits. With the proper wireless handheld system in place, restaurants can experience
`
`increased table turns from improved server productivity and shorter order taking and check
`
`ND
`
`paying times. Restaurants and POS companies seeking to provide a wireless handheld interface
`
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`to their desktop-based POS systems or a Web page equivalent face several challenges. These
`
`challenges include building a menu using their existing database and transferring the menu onto
`
`handheld devices or Web pages
`
`that will
`
`interface with servers wirelessly or
`
`to
`
`restaurants/customers over the intemet. The menu generation approach of the present invention
`
`is the first coherent solution available to accomplish these objectives easily and allows one
`
`development effort to produce both the handheld and Web page fonnats, link them with the
`
`existing POS systems, and thus provides a way to turn a complicated, time-consuming task into a
`
`simple process.
`
`18
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`19
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`20
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`21
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`22
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`23
`
`The information management and synchronous communications system of the
`
`present invention features include fast synchronization between a central database and multiple
`
`handheld devices, synchronization and communication between a Web server and multiple
`
`handheld devices, a well-defined API that enables third parties such as POS companies, aflinity
`
`program companies and internet content providers to fiilly integrate with computerized
`
`hospitality applications, real-time communication over the intemet with direct connections or
`
`4903-.:2_u
`
`Apple, Exhibit 1010, Page 16
`
`

`
`regular modem dialup connections and support for batch processing that can be done periodically
`
`throughout the day to keep multiple sites in synch with the central database.
`
`The communication module also provides a single point of entry for all hospitality
`
`applications, e.g., reservations, frequent customer ticketing, wait lists, etc. to communicate with
`
`one another wirelessly and over the Web. This communication module is a layer that sits on top
`
`of any communication protocol and acts as an interface between hospitality applications and the
`
`communication protocol and can be easily updated to work with a new communication protocol
`
`without modifying the core hospitality applications. A single point of entry works to keep all
`
`\D
`
`wireless handheld devices and linked web sites in synch with the backotfice server applications
`
`so that the different components are in equilibrium at any given time and an overall consistency
`
`is achieved. For example, a reservation made online can be automatically communicated to the
`
`backoffice server and then synchronized with all the wireless handheld devices wirelessly.
`
`Similarly, changes made on any of the wireless handheld devices are reflected instantaneously on
`
`the backoffice server Web pages and the other handheld devices.
`
`fi
`
`The foregoing features and advantages of the present invention can be appreciated
`
`more fully from the following description, with references to the accompanying drawings in
`
`which:
`
`
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`IG. 1 is a schematic representation of a window displayed on a computer display
`
`screen which shows a hierarchical tree menu, modifier window and sub-modifier window in
`
`conformity with
`
`referred embodiment of the present invention.
`
`FIG. 2 is a schematic representation of a modifier dialog box in conformity with a
`
`preferred embodiment of the present invention.
`
`4903924
`
`Apple, Exhibit 1010, Page 17
`
`

`
`PIKE is a schematic representation of a menu category dialog box in conformity
`
`with a preferred embodiment of the present invention.
`
`’ 4 is a schematic representation ofa menu item dialog box in conformity with
`
`a preferred embodiment of the present invention.
`
`/91(5) is a schematic representation of a display customization dialog box in
`
`confonnity with a pre
`
`d embodiment of the present invention.
`
`G. 6 is a schematic representation of a communications control window in
`
`‘embodiment of the present invention.
`
`conformity with a prefe
`
` . 7 is a schematic representation of a point of sale interface on a wireless
`handheld device for use in displaying page menus created in conformity with a preferred
`
`embodiment of the present invention.
`
`DEI£
`
`Most personal computers today run under an operating system that provides a
`
`graphical user interface (‘‘GUI‘') for accessing user applications. A GUI is used in the preferred
`
`embodiment of the present invention. Through an interface of windows, pull-down menus, and
`
`toolbars, GUT operating systems have simplified PCs and have rendered computer technology
`
`more user friendly by eliminating the need to memorize keyboard entry sequences.
`
`In addition,
`
`GU'[s allow users to manipulate their data as they would physical entities. For example, a
`
`window can represent a file and the contents of the window can represent the records of the tile.
`
`The window can be opened, closed, or set aside on a desktop as if it were an actual object. The
`
`records of the file can be created, deleted, modified and arranged in a drag-and-drop fashion as if
`
`they also were physical objects. The most common GUI operating systems that provide this
`9!
`
`“object-orient
`
`environment
`
`for personal computers are Microsoft Windows®
`
`systems,
`
`49o392_1
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`-3-
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`Apple, Exhibit 1010, Page 18
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`including Windows CEQ for handheld wireless devices and the like. Generally, a particular
`
`application program presents information to a user through a window of a GUI by drawing
`
`images, graphics or text within the window region. The user, in turn, communicates with the
`
`application by “pointing” at graphical objects in the window with a pointer that is controlled by a
`
`hand-operated pointing device, such as a mouse, or by pressing keys on a keyboard.
`
`The use of menus is conventional in GU'ls for software applications. Menus are
`
`typically utilized to provide end users of applications with available choices or processing
`
`options while using the applications. For example, in a typical desktop or interactive application,
`
`‘-0
`
`selection of a “file" from a menu bar may cause display of a context menu which provides “file”
`
`CD
`
`options. File options can have additional subordinate or child options associated with them. If a
`
`file option having subordinate options is selected, the child options are displayed in context in a
`
`child menu or submenu proximate to the selected parent option. One or more of the child
`
`options provided in the child menu may have further subordinate options. Thus, such a menu
`
`system comprises cascading sets of menus which are displayable in context
`
`to show the
`
`parentfchild relationships between options of the context menu. A menu system of this type is
`
`incorporated into the preferred embodiment of the invention.
`
`
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`The preferred embodiment of the present
`
`invention uses typical hardware
`
`elements in the form of a computer workstation, operating system and application software
`
`elements which configure the hardware elements for operation in accordance with the present
`
`invention. A typical workstation platfonn includes hardware such as a central processing unit
`
`(“CPU”), e.g., a Pentium® microprocessor, RAM, ROM, hard drive storage in which are stored
`
`various system and application programs and data used within the workstation, modem, display
`
`screen, keyboard, mouse and optional removable storage devices such as floppy drive or a CD
`
`4903 92_ I
`
`Apple, Exhibit 1010, Page 19
`
`

`
`ROM drive. The workstation hardware is configured by software including an operating system,
`
`e.g.. Windowsg 95, 98, NT or CE, networking software (including intemet browsing software)
`
`and application software components. The preferred embodiment also encompasses a typical file
`
`server platform including hardware such as a CPU, e.g., Pentium” microprocessor, RAM, ROM,
`
`hard drive, modem, and optional removable storage devices, e. g., floppy or CD ROM drive. The
`
`server hardware is configured by software including an operating system. e.g., Windows® 95, 98,
`
`NT or CE, networking sofiware (including Web server software) and database sofiware.
`
`A computer workstation for use in the preferred embodiment also includes a GUI.
`
`\O
`
`As is conventional, the GUI is configured to present a graphical display on the display screen
`
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`
`arranged to resemble a single desktop. Execution of an application program involves one or
`
`more user interface objects represented by windows and icons. Typically, there may be several
`
`windows and icons simultaneously present on the desktop and displaying infonnation that is
`
`generated by different applications.
`
`The window environment is generally part of the operating system software that
`
`includes a collection of utility programs for controlling the operation of the computer system.
`
`The computer system,
`
`in tum,
`
`interacts with application programs to provide higher level
`
`functionality, including a direct interface with the user. Specifically, the application programs
`
`make use of operating system functions by issuing task commands to the operating system which
`
`then performs the requested task. For example, an application program may request that the
`
`operating system display certain information on a window for presentation to the user.
`
`An aspect of the preferred embodiment of the infonnation management and
`
`communications system of the invention is shown in FIG.
`
`l. FIG. 1 shows an example of the
`
`GUI provided by the operating system of the preferred embodiment of the present invention.
`
`49n392_|
`
`.10.
`
`//
`
`Apple, Exhibit 1010, Page 20
`
`

`
`With reference to FIG. 1, the preferred embodiment includes an intuitive GUI 1 from which to
`
`build a menu on a desktop or other computer. A hierarchical tree structure