`
`Docket No. 3125-4003US1
`
`Sexpress Mail No. EV 460 047 160 US
`on
`\:
`cu
`
`27123
`’I‘CUSTOMER NUMBER4‘
`
`_:
`_(D
`‘U
`—I
`C)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND FEE TRANSMITTAL §§1.53§ E1 H
`
`113255u.s.PTO11/112990
`
`Illlflllllllllll
`
`
`Mail Stop
`Commissioner for Patents
`P.O. 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
`
`D
`
`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:
`
`3Q
`1
`§
`§
`§
`
`D
`
`page(s) of specification
`page(s) of Abstract
`page(s) of claims
`[:1 Infomial drawings
`sheets of
`IX Fomial
`page(s) of Declaration and Power of Attorney
`
`CI Unsigned
`CI Newly Executed
`IX Copy from prior application
`E] Deletion of inventors including Signed Statement under 37 C.F.R. §1.63(d)(2)
`
`REQUEST AND CERTIFICATION UNDER 35 U.S.C. §l22(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 vl
`
`Apple, Exhibit 1012, Page 1
`
`Apple, Exhibit 1012, Page 1
`
`
`
`Docket No. 3125-4003US1
`
`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`Applicant(s) therefore request(s) that the attached application NOT be published under 35 U.S.C. §l22(b).
`
`Incorporation by Reference:
`X 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. §l.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]
`
`page(s) of Sequence Listing
`
`C] Computer readable disk containing Sequence Listing
`
`E]
`
`Statement under 37 C.F.R. §l.82l(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.
`
`IZ Assignment Papers filed in the parent application Serial No. 09/400 413
`
`.
`
`I:]
`
`E]
`
`El
`
`El
`
`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) [_j]
`E]
`filed herewith
`
`Ij
`
`filed in application Serial No.
`
`, filed
`
`B English translation document(s) [
`D filed herewith
`
`]
`
`D filed in application Serial No.
`
`, filed
`
`Priority is claimed under 35 U.S.C. §119(e) for:
`Provisional Application No.
`, filed
`
`Infomiation Disclosure Statement
`
`E] Copy of [
`
`| cited references
`
`D PTO Form-1449
`
`D References cited in parent application Serial No.
`
`, filed
`
`C]
`
`Related Case Statement under 37 C.F.R. §l.98(a)(2)(iii)
`
`D 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)
`
`,
`
`D A copy of each related application(s) was submitted in parent application serial no.
`
`, filed
`
`E
`
`E
`
`Preliminary Amendment
`
`Retum receipt postcard (MPEP 503)
`
`914260 vl
`
`-2-
`
`Apple, Exhibit 1012, Page 2
`
`Apple, Exhibit 1012, Page 2
`
`
`
`Docket No. 3125-4003USl
`
`Express Mail No. Q’ 460 047 160 US
`
`
`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
`Cancel in this application original claims
`fee. (At least one original independent claim must be retained for filing purposes.)
`
`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).
`
`D E
`
`The status of the parent application is as follows:
`
`E] 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
`
`El A copy of the Petition for Extension of Time in the co-pending parent application is attached.
`
`E] No Petition for Extension of Time and Fee therefor are necessary in the co-pending parent
`application.
`
`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 Q continuation [:1 divisional I:I 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)
`6.
`'
`‘P
`Total Claims
`Independent Claims
`
`X] Multiple Dependent Claims
`Total Sheets
`Extra Sheets
`38- 100 =
`0/ 50 =
`
`NumberFi1ed
`102-20 =
`12- 3 —
`If marked, add fee of $360/$180
`Number of each additional 50 or fraction thereof
`(round up to the whole number)
`
`
`
`$ 150.00
`
`$ 100.00
`
`$ 250.00
`
`.
`
`$ 2,050.00
`$ 90000
`$ 180.00
`..
`,
`
`.:
`
`,
`
`E
`
`$ 3,630.00
`
`($50/$25)
`($200/$100)
`
`Fee
`
`-
`
`($250/$ 125)
`TOTAL:
`
`X
`
`E
`
`Small entity status is or has been claimed. Reduced fees under 37 C.F.R. §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.
`
`_
`
`E]
`
`A
`
`Charge fee to Deposit Account No. 13-4500, Order No.
`IS ATTACHED.
`
`. A DUPLICATE COPY OF THIS SHEET
`
`914260 vl
`
`-3-
`
`Apple, Exhibit 1012, Page 3
`
`Apple, Exhibit 1012, Page 3
`
`
`
`Docket No. 3 l25—4003US1
`
`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.l6, 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. 3125-4003USl. 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 vl
`
`Apple, Exhibit 1012, Page 4
`
`Apple, Exhibit 1012, Page 4
`
`
`
`, 2
`« iocket No. 3125-4003US1
`Serial Noflsontrnuation of 10/016,517
`
`1 C
`
`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
`
`COMMUNICATIONS SYSTEM WITH MENU GENERATION, AND
`HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`EXPRESS MAIL CERTIFICATE
`
`Commissioner for Patents
`
`P.O. 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.
`
`6.
`
`Utility Application and Fee Transmittal - 4 pages (in duplicate)
`Specification with Claims & Abstract - 37 pages
`8 Sheets of Formal Drawings (FIGS. 1-9)
`3.
`4. Copy of executed Combined Declaration/Power of Attorney from Serial No. 09/400,413 - 6 pages
`5.
`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.F.R. §l.10 on the date indicated above and is addressed to Commissioner for
`Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`Jafet Cotto
`
`,
`
`rintednameofpersogfiéiléngpapers(s)and/orfee)
`(Typedo
`
`
`
`
`of person mailing paper(s) and/or fee)
`
`Apple, Exhibit 1012, 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 vl
`
`
`
`F‘!
`2 E
`~'\2
`§
`
`»_C
`E F0
`E 3 Applicant(s): McNa1ly et al.
`0
`
`Apple, Exhibit 1012, Page 5
`
`
`
`
`
`ummmiiiiiitiirririltrrill~
`
`Docket No. 3125-4003US1
`
`Sexpress Mail No. EV 460 047 160 US
`on
`\:
`cu
`
`27123
`’I‘CUSTOMER NUMBER4‘
`
`_:
`_(D
`‘U
`—I
`C)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND FEE TRANSMITTAL §§1.53§ E0 H
`
`113255u.s.PTO11/112990
`
`Illlflllllllllll
`
`
`Mail Stop
`Commissioner for Patents
`P.O. 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
`
`.
`
`2I
`
`[: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:
`
`30
`1
`§
`§
`§
`
`D
`
`page(s) of specification
`page(s) of Abstract
`page(s) of claims
`[:1 Infomial drawings
`sheets of
`IX Fomial
`page(s) of Declaration and Power of Attorney
`
`CI Unsigned
`CI Newly Executed
`IX Copy from prior application
`E] Deletion of inventors including Signed Statement under 37 C.F.R. §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 vl
`
`Apple, Exhibit 1012, Page 6
`
`Apple, Exhibit 1012, Page 6
`
`
`
`Docket No. 3125-4003US1
`
`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. §l22(b).
`
`Incorporation by Reference:
`X 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. §l.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]
`
`page(s) of Sequence Listing
`
`C] Computer readable disk containing Sequence Listing
`
`E]
`
`Statement under 37 C.F.R. §l.82l(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.
`
`IZ Assignment Papers filed in the parent application Serial No. 09/400 413
`
`.
`
`I:]
`
`E]
`
`El
`
`El
`
`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) [_j]
`E]
`filed herewith
`
`Ij
`
`filed in application Serial No.
`
`, filed
`
`B English translation document(s) [
`D filed herewith
`
`]
`
`D filed in application Serial No.
`
`, filed
`
`Priority is claimed under 35 U.S.C. §119(e) for:
`Provisional Application No.
`, filed
`
`Infomiation Disclosure Statement
`
`E] Copy of [
`
`| cited references
`
`D PTO Form-1449
`
`D References cited in parent application Serial No.
`
`, filed
`
`C]
`
`Related Case Statement under 37 C.F.R. §l.98(a)(2)(iii)
`
`D 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)
`
`,
`
`D A copy of each related application(s) was submitted in parent application serial no.
`
`, filed
`
`E
`
`E
`
`Preliminary Amendment
`
`Retum receipt postcard (MPEP 503)
`
`914260 vl
`
`-2-
`
`Apple, Exhibit 1012, Page 7
`
`Apple, Exhibit 1012, Page 7
`
`
`
`Docket No. 3125-4003USl
`
`Express Mail No. Q’ 460 047 160 US
`
`
`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
`Cancel in this application original claims
`fee. (At least one original independent claim must be retained for filing purposes.)
`
`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).
`
`D E
`
`The status of the parent application is as follows:
`
`E] 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
`
`El A copy of the Petition for Extension of Time in the co-pending parent application is attached.
`
`E] No Petition for Extension of Time and Fee therefor are necessary in the co-pending parent
`application.
`
`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 Q continuation [:1 divisional I:I 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)
`6.
`'
`‘P
`Total Claims
`Independent Claims
`
`X] Multiple Dependent Claims
`Total Sheets
`Extra Sheets
`38- 100 =
`0/ 50 =
`
`NumberFi1ed
`102-20 =
`12- 3 —
`If marked, add fee of $360/$180
`Number of each additional 50 or fraction thereof
`(round up to the whole number)
`
`
`
`$ 150.00
`
`$ 100.00
`
`$ 250.00
`
`.
`
`$ 2,050.00
`$ 90000
`$ 180.00
`..
`,
`
`.:
`
`,
`
`E
`
`$ 3,630.00
`
`($50/$25)
`($200/$100)
`
`Fee
`
`-
`
`($250/$ 125)
`TOTAL:
`
`X
`
`E
`
`Small entity status is or has been claimed. Reduced fees under 37 C.F.R. §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.
`
`_
`
`E]
`
`A
`
`Charge fee to Deposit Account No. 13-4500, Order No.
`IS ATTACHED.
`
`. A DUPLICATE COPY OF THIS SHEET
`
`914260 vl
`
`-3-
`
`Apple, Exhibit 1012, Page 8
`
`Apple, Exhibit 1012, Page 8
`
`
`
`Docket No. 3 l25—4003US1
`
`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.l6, 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. 3125-4003USl. 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 vl
`
`Apple, Exhibit 1012, Page 9
`
`Apple, Exhibit 1012, Page 9
`
`
`
`, 2
`« iocket No. 3125-4003US1
`Serial Noflsontrnuation of 10/016,517
`
`1 C
`
`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
`
`COMMUNICATIONS SYSTEM WITH MENU GENERATION, AND
`HANDWRITING AND VOICE MODIFICATION OF ORDERS
`
`EXPRESS MAIL CERTIFICATE
`
`Commissioner for Patents
`
`P.O. 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.
`
`6.
`
`Utility Application and Fee Transmittal - 4 pages (in duplicate)
`Specification with Claims & Abstract - 37 pages
`8 Sheets of Formal Drawings (FIGS. 1-9)
`3.
`4. Copy of executed Combined Declaration/Power of Attorney from Serial No. 09/400,413 - 6 pages
`5.
`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.F.R. §l.10 on the date indicated above and is addressed to Commissioner for
`Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`Jafet Cotto
`
`,
`
`rintednameofpersogfiéiléngpapers(s)and/orfee)
`(Typedo
`
`
`
`
`of person mailing paper(s) and/or fee)
`
`Apple, Exhibit 1012, 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 vl
`
`
`
`F‘!
`2 E
`~'\2
`§
`
`»_C
`E F0
`E 3 Applicant(s): McNa1ly et al.
`0
`
`Apple, Exhibit 1012, Page 10
`
`
`
`Attorney Docket No. 3125-4003US1
`
`UNITED STATES PATENT APPLICATION
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`
`SYSTEM WITH MENU GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
`
`\D
`
`11
`
`Inventors:
`
`KEITH R. MCNALLY
`
`WILLIAM H. ROOF
`
`RICHARD BERGFELD
`
`914001»/1
`
`Apple, Exhibit 1012, Page 11
`
`Apple, Exhibit 1012, Page 11
`
`
`
`p_A
`
`l\J'—|O\OOO\lO\Ul-l>UJl\)
`
`Dtlb-I-lb-I
`
`13
`
`14
`
`16
`
`17
`
`18
`
`19
`
`20
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`Attorney Docket No. 3125—4003US1
`
`UNITED STATES PATENT APPLICATION
`
`OF: KEITH R. MCNALLY
`
`WILLIAM H. ROOF
`
`RICHARD BERGFELD
`
`FOR: INFORMATION MANAGEMENT AND SYNCHRONOUS
`
`COMMUNICATIONS SYSTEM WITH MENU
`
`GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
`
`The present application is a continuation of 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 (now U.S. Patent No. 6,384,850). The contents of Application Serial
`
`No. 10/016,517 and Application Serial No. 09/400,413 are incorporated herein by reference.
`
`FIELD OF THE INVENTION
`
`This
`
`invention relates
`
`to an information management
`
`and synchronous
`
`communications system and method for generation of computerized menus for restaurants and
`
`other applications with specialized display and synchronous communications requirements
`
`related to, for example,
`
`the use of equipment or software with non-PC-standard graphical
`
`formats, display sizes and/or applications for use in remote data entry, information management
`
`' and synchronous communication between host computer, digital input device or remote pager
`
`via standard hardwired connection, the intemet, a wireless link, smart phone or the like.
`
`BACKGROUND OF THE INVENTION
`
`While computers have dramatically altered many aspects of modern life, pen and
`
`paper have prevailed in the hospitality industry, e.g., for restaurant ordering, reservations and
`
`914001 vl
`
`-2-
`
`Apple, Exhibit 1012, Page 12
`
`Apple, Exhibit 1012, Page 12
`
`
`
`Attorney Docket No. 3125-4003US1
`
`wait-list management, because of their simplicity, ease of training and operational speed. For
`
`example, ordering prepared foods has historically been done verbally, either directly to a waiter
`
`or over the telephone, whereupon the placed order is recorded on paper by the recipient or
`
`instantly filled.
`
`Although not previously adapted for wide-scale use in the hospitality industry,
`
`various forms of digital wireless communication devices are in common use, eg, digital
`
`wireless messengers and pagers. Also in common use are portable laptop and handheld devices.
`
`However, user—friendly information management and communication capability not requiring
`
`extensive computer expertise has not heretofore been available for use in everyday life such as
`
`for restaurant ordering, reservations and wait-list management. Hundreds of millions of dollars
`
`have been spent on personal digital assistant (“PDA”) development seeking to produce a small,
`
`light-weight and inexpensive device that could be adapted to such uses; yet none have yielded a ‘
`
`satisfactory solution.
`
`One of the inherent shortcomings of PDA type devices is that, as they strive for
`
`small size, low weight and low cost, they must compromise the size and clarity of the operator
`
`display medium interface itself, which in most cases is one of a variety of LCD (liquid crystal
`
`display) type devices. As the size of the display shrinks, the amount of information that may be
`
`displayed at any one point or time is commensurately decreased, typically requiring multiple
`
`screens and displays to display information to the operator. This reduces the overall utility of the
`
`device. Additionally,
`
`the smaller display and keyboard results in a non-optimal operator
`
`interface, which slows down operation and is thus unacceptable for the time criticality of
`
`ordering, reservation and wait-list management and other similar applications. This necessitates
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`914001 vl
`
`Apple, Exhibit 1012, Page 13
`
`Apple, Exhibit 1012, Page 13
`
`
`
`Attorney Docket No. 3125—4003US1
`
`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/waitlist/reservation problem discussed
`
`above. With the advent of the Palm® and other handheld wireless devices, however, the efforts
`
`to make such devices ubiquitous have begun to bear fruit at least in some areas, e.g., personal
`
`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 software 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
`
`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, affinity
`
`program companies and intemet content providers to fi1l1y 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 backoffice server (central database) so
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`914001 vl
`
`- 4 -
`
`Apple, Exhibit 1012, Page 14
`
`Apple, Exhibit 1012, Page 14
`
`
`
`Attorney Docket No. 3125-4003US1
`
`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
`
`backoflice 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.
`
`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
`
`menus and the like for use in a limited display area wireless handheld device or that
`
`is
`
`compatible with ordering over
`
`the
`
`intemet 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 information
`
`management and synchronous communications system and method which facilitates user-
`
`friendly and efficient generation of computerized menus for restaurants and other applications
`
`that utilize equipment with non-PC-standard graphical formats, display sizes and/or applications.
`
`A further object of the present invention is to provide an improved information
`
`management and synchronous communications system. and method which provides for entry,
`
`management and communication of information from the operator as well as to and from another
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`914001 vl
`
`-5-
`
`Apple, Exhibit 1012, Page 15
`
`Apple, Exhibit 1012, Page 15
`
`
`
`Attorney Docket No. 3125-4003US1
`
`computer, Web page menu, remote digital device using a standard hardwired connection, the
`
`intemet or a wireless link.
`
`A fl1I'th€I' object of the present invention is to provide an improved information
`
`management and synchronous communications
`
`system which is
`
`small, affordable and
`
`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.
`
`SUMMARY OF THE INVENTION
`
`The foregoing and other objects of the present invention are provided by a
`
`synchronous information management and communications system and method optimized for
`
`simplicity of operation which incorporates menu generation for creation of menus to be used
`
`with wireless remote handheld computer and PDA devices, the intemet 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
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`'18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`914001»/1
`
`-5-
`
`Apple, Exhibit 1012, Page 16
`
`Apple, Exhibit 1012, Page 16
`
`
`
`Attorney Docket No. 3 125-4003US1
`
`computerized menus for, e.g., restaurants and other related applications that utilize non-PC-
`
`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-
`
`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.
`
`Manual modifications to the generated menus include handwritten screen captures
`
`and/or voice recorded message captures coupled with the standard menus and modifiers
`
`generated according to standard choices . Such manual modifications enable an extremely rapid
`
`and intuitive interface to enhance operations and further optimize the overall operator interface.
`
`This approach solves a long-standing, operational issue in restaurant/hotel/casino food/drink
`
`ordering when customers want something unusual and not anticipated and available through
`
`normal computerized selections. As seen in Figure 8, the operator screen on the hand-held can
`
`capture handwritten information specific to a customers requests directly on the touch-sensitive
`
`screen of the wireless computing device. This additional information can then be coupled with
`
`the fixed menu and modifier
`
`information generated automatically from the. hospitality
`
`application software and the combined message can be sent to a restaurant point of sale (POS)
`
`system, printer or/or display system. This unique operator interface enables universal languages
`
`and an unlimited set of information to be manually communicated and exchanged. The resultant
`
`combined message of one or more fixed indications selected from a menu of a device such as a
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`914001 vl
`
`Apple, Exhibit 1012, Page 17
`
`Apple, Exhibit 1012, Page 17
`
`
`
`Attorney Docket No. 3125-4003USl
`
`hand-held, and dynamic handwritten messages and/or data provides an even more powerful tool
`
`than either modality used independently.
`
`For example a restaurant server taking a drink order could select from a menu of
`
`her hand-held device’s screen “Iced Tea”, and then manually write in the literal screen of her
`
`hand-held “with lemon” as shown in Figure 8. The manually-written information could, for
`
`example, be printed or displayed in front of a bartender preparing the drink order. The indication
`
`“Iced Tea” as selected from a menu of the hand-held would also be presented to the bartender,
`
`perhaps by printing and/or screen display. The server can also select any printer from within the
`
`hospitality establishment directly from the operator interface on the screen of the hand-held and
`
`have either the order or the receipt printed out where it is most convenient and efficient.
`
`Similarly, a server taking a drink order could select from a menu of her hand-held
`
`device’s screen “Iced Tea”, and then record the voice message “with lemon” using her hand-held
`
`device integral microphone. The recorded information could, for example, be played on a
`
`speaker attached to a computer, POS system, or the like located near the bartender or chef
`
`preparing the order. The indication “Iced Tea” as selected from a menu of the hand-held would
`
`also be presented to the bartender/chef, perhaps by printing and/or screen display. Both the literal
`
`screen capture method and the voice recorded message method combine the power of automatic
`
`fixed menugeneration with the expanded flexibility to resolve operational issues that exist
`
`throughout the hospitality market without this innovative so