`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IN RE APPLICATION OF: BRYAN T. CUPPS
`
`EXAMINER: ARTHUR D. DURAN
`
`APPLICATION No.:
`
`ART UNIT:
`
`3682
`
`FILED: (cid:9)
`
`AUGUST 22, 2012
`
`CONF. No:
`
`FoR: AN INTERNET ONLINE ORDER
`METHOD AND APPARATUS
`
`PRELIMINARY STATEMENT
`
`Mail Stop New Application
`Honorable Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`A continuation application is presented herewith, containing claims 1-21.
`
`Applicant notes that filed claims 1-18 are copied from claims 1-18 of issued U.S. Patent
`
`No. 8,146,077, issued March 27, 2012 from U.S. Application No. 11/112,990 filed April
`
`22, 2005 ("the '077 Patent"):
`
`At least the following identified portions of the current application provide written
`
`description support for the copied claims:
`
`An information management'' and real time
`synchronouelcommunications system for
`configuring[21 and transmitting[2] hospitality
`menuelcomprising:
`
`1: "A system ... for providing an
`online ordering machine that
`manages the distribution of
`home delivered products ...
`[and] provides the customers
`with product information ...."
`(Specification as filed at 28:3-8,
`Abstract)
`2: "[T]he online ordering
`
`67135-8001.US00/LEGAL24459306.1
`
`Apple, Exhibit 1061, Page 1
`
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`machines ... including a web
`creation procedure that
`dynamically generates menu
`web pages in response to a
`customer's request.... An
`Internet customer is provided
`with a menu web page listing
`those vendors or restaurants
`that service the customer's
`location." (Specification as filed
`at 3:32-4:3)
`
`3: "FIG. 9 is a menu web page
`144 showing the various types
`of food items that a particular
`restaurant offers...."
`(Specification as filed at 16:10-
`11) ("...hospitality industry, e.g.,
`for restaurant ordering...." (The
``077 Patent at 1:33-34) Thus,
`the "hospitality menus" include
`restaurant related menus
`according to the disclosure of
`The '077 Patent.)
`
`"[T]he online ordering machine
`106 ... includes a central
`processing unit (CPU) 112 ... a
`user interface 114, a memory
`118...." (Specification as filed
`at 6:30-32)
`See above regarding "a central
`processing unit."
`See above regarding "a central
`processing unit."
`"The memory 118 can contain
`... web page creation
`procedures 126 that
`dynamically generate menu
`web pages in response to a
`customer's request;[61...one or
`more menu web pages 144[h1
`that are dynamically created by
`
`a. a central processing unit,
`
`b. a data storage device connected to said
`central processing unit,
`c. an operating system including a first
`graphical user interface,
`d. a master menu'' including at least menu
`categories,[2Imenu itemeland modifiers,[41
`wherein said master menu is capable of
`being stored on said data storage device
`pursuant to a master menu file structure]
`and said master menu is capable of being
`configured for display to facilitate user
`operations in at least one window of said
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-2-
`
`Apple, Exhibit 1061, Page 2
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`first graphical user interface] as cascaded
`setsmof linked graphical user interface
`screens,[8Iand
`
`the web creation procedure
`126;[61 a menu file system 146
`including one or more menu
`files representing menu data
`associated with a particular
`yendor...;[61" (Specification as
`filed at 8:7-31.)
`
`See Fig. 12B:
`FIG. 12B shows a menu'' in
`two windows, in the left window,
`the menu includes at least
`menu categories[21 (e.g. "User
`Profile" category, "What type of
`restaurant are you looking for?"
`category, etc.), and menu items
`thereof (e.g. "DELIVERY" and
`"TAKE OUT" for the "What type
`of restaurant are you looking
`for?" categoryPland right
`window includes at least
`modifiers[41 ("We will search for
`restaurants near these
`address," and the "work"
`address).
`(According to the disclosure of
`the '077 Patent, "a menu
`system comprises cascading
`sets of menus which are
`displayable in context to show
`the parent/child relationships
`between options of the context
`menu." The '077 Patent at
`6:49-51, emphasis added. As
`shown in FIG. 128, the menu
`shows the parent/child
`relationships between options,
`wherein the parent option is
`"What type of restaurant are
`you looking for" and the child
`option is, e.g. "DELIVERY," [7]
`which are linked to graphical
`user interface screens [8])
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-3-
`
`Apple, Exhibit 1061, Page 3
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`e. menu configuration softwareml enabled to
`generate a programmed handheld menu
`configuration[21 from said master menu for
`wireless transmission[31 to and programmed
`for display on a wireless handheld
`computing device,[41 said programmed
`handheld menu configuration comprising at
`least menu categories, menu items and
`modifiers[51 and wherein the menu
`configuration software is enabled to
`generate said programmed handheld menu
`configuration by utilizing parameters from
`the master menu file structure defining at
`least the menu categories, menu items and
`modifiers of the master menu such that at
`least the menu categories, menu items and
`modifiers comprising the programmed
`handheld menu configuration are
`synchronized in real time with analogous
`information comprising the master menu,[61
`
`"[T]he client computer 102 ...
`includes ... a memory 119...and
`a communication interface
`116.[11 The communications
`interface 116 is used to
`communicate with the server
`computer 106 as well as other
`system resources not shown....
`The memory 119 can contain ...
`Internet access procedures
`122;[11...." (Specification as filed
`at 6:19-27.)
`
`"[T]he online ordering machine
`106 ... includes ... a memory
`118, a communication interface
`116[11.... The communications
`interface 116 is used to
`communicate with the client
`computers 102 as well as other
`system resources not shown."
`(Specification as filed at 6:30-
`7:3) "The memory 118 can
`contain ... Internet access
`procedures 122[11; web server
`procedures 124[11..2
`(Specification as filed at 8:7-
`11.)
`
`"Fig. 1 illustrates a system 100
`... including a number of client
`computers 102A-102N and one
`or more online ordering
`machines 106 in communication
`via a communications link
`104[31.... The communication
`link 104 generically refers to
`any type of wire or wireless[31
`link between computers....A
`client computer 102 can be any
`type of computing device, such
`as but not limited to, ...,
`laptops,[4]...." (Specification as
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-4-
`
`Apple, Exhibit 1061, Page 4
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`filed at 6:1-15.) (According to
`the disclosure of the '077
`Patent, "handheld computing
`device" includes "handheld
`computer and PDA devices."
`(The '077 Patent 3:25-26).
`Laptop is a handheld computer,
`thus, the Specification as filed
`provides proper written
`description for "handheld
`computing device.')
`
`"The customer can then select a
`particular vendor or restaurant
`and one or more menu web
`pages 144 5' including the
`selected information that is
`dynamically created by the web
`creation procedure 126 and
`provided to the customer's
`client computer 102. The
`customer can then browse
`through the menu web pages
`144 and select items of interest.
`The user's selection or requests
`are used by the web creation
`procedure 126 to generate one
`or more menu web pages 144
`that are displayed to the
`customer (step 306)."[51
`(Specification as filed at 17:22-
`28)
`
`The menu web pages 144
`generated by the online
`ordering machine 106 will be
`provided and displayed to the
`customer computer,[21 i.e. the
`"wireless handheld computing
`device." Thus, the menu web
`pages displayed to the
`customer are generated "from
`said master menu," by "utilizing
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-5-
`
`Apple, Exhibit 1061, Page 5
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`parameters from the master
`menu file structure defining at
`least the menu categories,
`menu items and modifiers of the
`master menu such that at least
`the menu categories, menu
`items and modifiers comprising
`the programmed handheld
`menu configuration are
`synchronized in real time with
`analogous information
`comprising the master menu"
`and comprises "at least menu
`categories, menu items and
`modifiers" as discussed above
`regarding "master menu." (See
`discussion of FIG. 12B of
`Specification as filed above.)
`[1] "[E]ach menu web page 144
`is configured at runtime and
`customized for a particular
`customer's request."
`(Specification as filed at 15:8-9)
`
`[1] "The web page creation
`procedure 126 uses the data in
`the order database 128 and the
`menu file system 146 to
`dynamically generate one or
`more menu web pages 144 that
`are customized to a customer's
`request." (Specification as filed
`at 15:24-27.)
`
`[2] The "handheld computing
`device" includes any computing
`device including a laptop as
`described above. A person of
`ordinary skill in the art knows
`that computing devices may
`have different display sizes?'
`Internet access procedures and
`communications interfaces of
`
`wherein the menu configuration software is
`further enabled to generate the programmed
`handheld menu configuration in conformity
`with a customizedml display layout unique to
`the wireless handheld computing device] to
`facilitate user operations with and display of
`the programmed handheld menu
`configuration on the display screen of a
`handheld graphical user interface integral
`with the wireless handheld computing
`device, wherein said customizedml display
`layout is compatible with the displayable
`size] of the handheld graphical user
`interface wherein the programmed handheld
`menu configuration is configured by the
`menu configuration software for display as
`programmed cascaded sets of linked
`graphical user interface screens[41
`appropriate for the customized display
`layout of the wireless handheld computing
`device, wherein said programmed cascaded
`sets of linked graphical user interface
`screens for display of the handheld menu
`configuration are configured differently[51
`from the cascaded sets of linked graphical
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-6-
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`Apple, Exhibit 1061, Page 6
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`user interface screens for display of the
`master menu on said first graphical user
`interface, and
`
`both the client computer and the
`online ordering machine provide
`the display of the one or more
`customized menu web pages
`dynamically created by the web
`creation procedure 126 to be
`"compatible with the displayable
`size[31" of the customer's laptop.
`(Specification as filed at 6:14—
`8:13,15:24-27 and 17:22-27)
`Furthermore, the "online
`ordering machine 106 can be
`any type of computing device,
`such as ... mainframe
`computers." (Specification as
`filed at 6:33-7:1) One person
`of ordinary skill in the art would
`have known that a mainframe
`computer can support a client
`computer of any screen size.
`
`[4] Examples of "cascaded sets
`of linked graphical user
`interface screens" can be
`shown in FIG. 12B as discussed
`above.
`
`[5] FIG. 12C shows a
`configuration of cascaded sets
`of linked graphical user
`interface screen different from
`that of FIG. 12B. In FIG. 12B,
`the parent options (e.g.
`"Cravings," "Asian," "European,"
`and "American Exotic") are
`arranged in side-by-side
`columns, and the child options
`are listed in the column of the
`parent option thereof below the
`parent option(e.g. "Deli" and
`"Pizza" are child options of
`"Cravings" and listed within the
`column of "Cravings.") In FIG.
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-7-
`
`Apple, Exhibit 1061, Page 7
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`12C, the parent options (e.g.
`"What type of restaurant are
`you looking for?" and "User
`Profile") are arranged in rows,
`and the child options are listed
`in a column adjacent to the
`column of the parent options
`thereof and in the same row of
`the parent options(e.g.
`"DELIVERY" and "TAKE OUT"
`are child options of "What type
`of restaurant are you looking
`for" and listed in the same row
`as that of the parent option but
`in a column adjacent to the
`column of the parent option).
`A customer can request for a
`cascading configuration
`different from what is adopted
`by the master menu, and the
`internet access procedures,
`communications interfaces
`and/or the webpage creation
`procedures will provide the
`menu in the required cascading
`configuration for the client
`computer accordingly.
`(Specification as filed at 15:24-
`27 and 17:22-27)
`Internet access procedures and
`communications interfaces of
`both the client computer and the
`online ordering machine provide
`the "real time synchronous
`communications to and from the
`wireless handheld computing
`device." (Specification as filed
`at 6:19-8:13, 15:24-27 and
`17:22-27)
`
`wherein the system is enabled for real time
`synchronous communications to and from
`the wireless handheld computing device
`utilizing the programmed handheld menu
`configuration including the capability of real
`time synchronous transmission of the
`programmed handheld menu configuration
`to the wireless handheld computing device
`and real time synchronous transmissions of
`selections made from the handheld menu
`configuration on the wireless handheld
`computing device, and computing device in
`the system,
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-8-
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`Apple, Exhibit 1061, Page 8
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`wherein the system is further enabled to
`automatically format the programmed
`handheld menu configuration for display as
`cascaded sets of linked graphical user
`interface screens appropriate for a
`customized display layout of at least two
`different wireless handheld computing
`device display sizes in the same connected
`system, and
`
`wherein a cascaded set of linked graphical
`user interface screens for a wireless
`handheld computing device in the system
`includes a different number of user interface
`screens from at least one other wireless
`handheld computing device in the system.
`
`2.
`[2.]
`
`The information management and
`synchronous communications system in
`accordance with claim 1, wherein the
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-9-
`
`The system can include multiple
`"handheld computing device" as
`client computers. (Specification
`as filed at 6:1-4) The
`"handheld computing device"
`includes laptop as described
`above. A person of ordinary
`skill in the art knows that
`laptops may have different
`display sizes. Internet access
`procedures and
`communications interfaces of
`both the client computer and the
`online ordering machine provide
`the display of the one or more
`customized menu web pages
`dynamically created by the web
`creation procedure 126 to be
`provide a "customized display
`layout of at least two different
`wireless handheld computing
`device display sizes in the same
`connected system" for the
`customer's laptops of different
`display sizes. (Specification as
`filed at 6:14-8:13, 15:24-27
`and 17:22-27)
`Different customers can request
`for "different number of user
`interface screens," and the
`internet access procedures,
`communications interfaces
`and/or the webpage creation
`procedures will provide the
`menu in the required
`configuration for different client
`computer accordingly.
`(Specification as filed at 15:24-
`27 and 17:22-27)
`ml "Fig. 1 illustrates a system
`100 ... including a number of
`client computers 102A-102N
`
`Apple, Exhibit 1061, Page 9
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`system is further enabled by a
`communications systemic relationship
`providing a common, linked system
`comprising: a) A Wireless Hub Application;1'1
`b) A Web Hub Application; [1] c) Linked
`Databases between two or more different
`Hospitality Applications;[21 and d) A
`Communications Setup Application?'
`
`and one or more online ordering
`machines 106 in communication
`via a communications link
`104.... The communication link
`104 generically refers to any
`type of wire or wireless link
`between computers, such as
`but not limited to a local area
`network, a wide area network,
`or a combination of networks.
`In a preferred embodiment ...
`the communication link 104 can
`be a network such as the
`Internet." (Specification as filed
`at 6:1-12.) A person or
`ordinary skill in the art would
`have known at the time of the
`invention that a wireless
`"communication link" disclosed
`in the Specification as filed
`inherently comprises "a) A
`Wireless Hub Application''' and
`b) A Web Hub Application. w"
`
`[21: "A web page creation
`procedure 126 is provided that
`receives as input one or more
`customer requests and is linked
`to the order database 128 and
`the menu file system 146. The
`web page creation procedure
`126 generates a menu web
`page 144 based on the input
`received from the user. The
`data included in the menu web
`page 144 is retrieved from the
`order database 128 and the
`menu file system 146. The
`order database 128 contains
`information such as the
`operational time of a vendor,
`the restaurant's logo, the
`categories of the food products
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-10-
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`Apple, Exhibit 1061, Page 10
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`served, and the like."
`(Specification as filed at 15:14-
`21) "Once the customer's
`location is provided, the ....
`Online order procedure 132
`then searches the order
`database 128 for those
`restaurants that deliver to the
`customer's location or are within
`the customer's desired takeout
`range (step 306).... The
`customer can then select a
`particular ... restaurant.... The
`customer places an order by
`selecting the appropriate items
`from the menu web pages ...."
`(Specification as filed at 17:10-
`32) According to the '077
`Patent, examples of "hospitality
`applications" include
`"reservations, frequent
`customer ticketing, wait lists,
`etc." (The '077 Patent at 5:17-
`19.) Thus, the Specification as
`filed provides support for order
`database 128 linked between
`restaurant reservation
`application and ordering
`application as "Linked
`Databases between two or
`more different Hospitality
`Applications."
`
`[31: "[T]he client computer 102 ...
`includes ... a communication
`interface 116.[31 The
`communications interface 116 is
`used to communicate with the
`server computer 106 as well as
`other system resources not
`shown...." (Specification as filed
`at 6:19-22.) "[T]he online
`ordering machine 106 ...
`
`67135-8001.US00/LEGAL24459306.1
`
`Apple, Exhibit 1061, Page 11
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`includes ... a communication
`interface 116[31.... The
`communications interface 116 is
`used to communicate with the
`client computers 102 as well as
`other system resources not
`shown." (Specification as filed
`at 6:30-7:3)
`"A web page creation procedure
`126 is provided that receives as
`input one or more customer
`requests and is linked to the
`order database 128 and the
`menu file system 146. The web
`page creation procedure 126
`generates a menu web page
`144 based on the input received
`from the user." (Specification
`as filed at 15:14-17)
`As discussed above for claim 2,
`the Specification as filed
`provides support for "Linked
`Databases between two or
`more different Hospitality
`Applications," e.g. linked order
`database 128 between
`restaurant reservation
`application and ordering
`application. (Specification as
`filed at 15:14-21; and 17:10-
`32)
`See support for claim 4.
`
`"A client computer 102 can be
`any type of computing
`device...." (Specification as
`filed at 6:14-15.)
`
`"The order database 128 can
`
`3.
`
`[3]
`
`4.
`
`[4.]
`
`5.
`
`[5.]
`
`6.
`[6.]
`
`7.
`
`The information management and real time
`synchronous communications system in
`accordance with claim 1 wherein the
`information from the POS database is
`automatically imported into the system.
`
`The information management and real time
`synchronous communications system in
`accordance with claim 1, wherein the said
`Hospitality Applications include at least
`reservations applications.
`
`The information management and real time
`synchronous communications system in
`accordance with claim 1, wherein the said
`Hospitality Applications include at least a
`Ticketing applications.
`The information management and real time
`synchronous communications system in
`accordance with claim 1 in which the
`wireless handheld computing device is a
`smart phone.
`The information management and real time
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-12-
`
`Apple, Exhibit 1061, Page 12
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`[7.]
`
`8.
`
`[8.]
`
`synchronous communications system in
`accordance with claim 1, further enabled to
`facilitate and complete payment processing
`directly from the wireless handheld
`computing device including: a) Billing;['' b)
`Statue] and c) Payment Information 31.
`
`The information management and real time
`synchronous communications system in
`accordance with claim 1, wherein one or
`more of the layout, views or fonts of the
`programmed handheld menu configuration
`are created in conformity with the display
`screen parameters of the wireless handheld
`computing devicem] and wherein the system
`is enabled to generate a view of the
`programmed handheld menu configuration
`for user preview from the central computing
`unit[2] and which facilitates a further user
`manual modification[3] prior to the
`transmissions of the programmed handheld
`menu configuration to the wireless handheld
`computing device.[4]
`
`include ... a customer table 150
`having an entry for each
`customer that tenders an order
`to the online ordering machine
`106, the customer entry
`including information that
`characterizes a particular
`customerm]; an address table
`152 having an entry for each
`customer[1]... an order master
`table 158 having an entry for
`each order[2]; a payment type
`table 174[3]; a restaurant
`payment table 176[3]; a credit
`card table 224[3] ...."
`(Specification as filed at 9:1-
`10:13.) "In addition, the online
`order procedure 132 updates
`the order database 128 to
`reflect the statue] of the
`order...." (Specification as filed
`at 18:29-30.)
`[1] The "handheld computing
`device" includes any computing
`device including a laptop as
`described above. A person of
`ordinary skill in the art knows
`that computing devices may
`have different display sizes.[1]
`Internet access procedures and
`communications interfaces of
`both the client computer and the
`online ordering machine provide
`the display of the one or more
`customized menu web pages
`dynamically created by the web
`creation procedure 126 to be
`"compatible with the displayable
`sizeml" of the customer's laptop.
`(Specification as filed at 6:14—
`8:13,15:24-27 and 17:22-27)
`Furthermore, the "online
`ordering machine 106 can be
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-13-
`
`Apple, Exhibit 1061, Page 13
`
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`any type of computing device,
`such as ... mainframe
`computers." (Specification as
`filed at 6:33-7:1) One person
`of ordinary skill in the art would
`have known that a mainframe
`computer can support a client
`computer of any screen size.
`
`[21: "[T]he online ordering
`machine 106 ... includes ... a
`user interface 114...a
`communications interface 116."
`(Specification as filed at 6:30-
`33, see also Fig. 2) "A
`customer accesses the online
`ordering machine 106 through a
`client computer 102 that is
`connected to the Internet
`104....The online order
`procedure 132 interacts with the
`client computer 102 by
`providing access to a series of
`web pages that can be
`downloaded to the client
`computer 102 for the
`customer's use." (Specification
`as filed at 15:22-28) "The
`online ordering machine 106
`generates menu web pages 144
`that are specific to a particular
`customer's request."
`(Specification as filed at 15:1-2)
`"The web page creation
`procedure 126 generates a
`menu web page 144 based on
`the input received from the
`user." (Specification as filed at
`15:16-17)
`1: "A system ... for providing an
`online ordering machine that
`manages the distribution of
`
`9.
`
`[9.]
`
`An information managementml and real time
`synchronouelcommunications system for
`configuring121 and transmitting'2' hospitality
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
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`-14-
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`Apple, Exhibit 1061, Page 14
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`(cid:9)
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`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`menuelcomprising:
`
`a) a central processing unit;
`
`b) a data storage device connected to said
`central processing unit;
`c) an operating system including a first
`graphical user interface, said operating
`system configured to interoperate with the
`central processing unit, the data storage
`device and application software;
`
`67135-8001.US00/LEGAL24459306.1
`
`-15-
`
`home delivered products ...
`[and] provides the customers
`with product information ...."
`(Specification as filed at 28:3-8,
`Abstract)
`2: "[T]he online ordering
`machines ... including a web
`creation procedure that
`dynamically generates menu
`web pages in response to a
`customer's request.... An
`Internet customer is provided
`with a menu web page listing
`those vendors or restaurants
`that service the customer's
`location." (Specification as filed
`at 3:32-4:3)
`
`3: "FIG. 9 is a menu web page
`144 showing the various types
`of food items that a particular
`restaurant offers...."
`(Specification as filed at 16:10-
`11) ("...hospitality industry, e.g.,
`for restaurant ordering...." (The
``077 Patent at 1:33-34) Thus,
`the "hospitality menus" include
`restaurant related menus
`according to the disclosure of
`the '077 Patent.)
`"[T]he online ordering machine
`106 ... includes a central
`processing unit (CPU) 112 ... a
`user interface 114, a memory
`118...." (Specification as filed
`at 6:30-32)
`See above regarding "a central
`processing unit."
`See above regarding "a central
`processing unit."
`"The memory 118 can contain
`... web page creation
`procedures 126 ...."
`
`Apple, Exhibit 1061, Page 15
`
`(cid:9)
`(cid:9)
`
`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`d) a master menu'' including menu
`categorieeland menu items[31, wherein said
`master menu is capable of being stored on
`said data storage device pursuant to a
`master menu file structure] and said master
`menu is capable of being configured for
`display to facilitate user operations in at
`least one window of said first graphical user
`interface] as cascaded setelof linked
`graphical user interface screens; and
`
`(Specification as filed at 8:7-12)
`In an embodiment, "the web
`page creation procedure 126
`utilizes WebObjects technology
`provided by Apple Software."
`(Specification as filed at 15:29-
`30)
`
`"The memory 118 can contain
`... web page creation
`procedures 126 that
`dynamically generate menu
`web pages in response to a
`customer's request;[51...one or
`more menu web pages 144[h1
`that are dynamically created by
`the web creation procedure
`126;[51 a menu file system 146
`including one or more menu
`files representing menu data
`associated with a particular
`vendor...;[51 ...." (Specification
`as filed at 8:7-31.)
`
`See Fig. 12B:
`FIG. 12B shows a menu'' in
`two windows, in the left window,
`the menu includes at least
`menu categories[21 (e.g. "User
`Profile" category, "What type of
`restaurant are you looking for?"
`category, etc.), and menu items
`thereof (e.g. "DELIVERY" and
`"TAKE OUT" for the "What type
`of restaurant are you looking
`for?" category)[31
`(According to the disclosure of
`the '077 Patent, "a menu
`system comprises cascading
`sets of menus which are
`displayable in context to show
`the parent/child relationships
`between options of the context
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
`-16-
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`Apple, Exhibit 1061, Page 16
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`(cid:9)
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`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`e) a modifier menu capable of being stored
`on said data storage device,ml and menu
`configuration software enabled to
`automatically13Igenerate a programmed
`handheld menu configuration from said
`master menu for display on a wireless
`handheld computing device], said
`programmed handheld menu configuration
`comprising at least menu categories, menu
`items and modifiers and wherein the menu
`configuration software is enabled to
`generate said programmed handheld menu
`configuration by utilizing parameters from
`the master menu file structure defining at
`least the categories and items of the master
`menu and modifiers from the modifier menu
`at least the menu categories, menu items
`and modifiers comprising the programmed
`handheld menu configuration are
`synchronized in real time with analogous
`information comprising the master and
`modifier menus
`
`menu." The '077 Patent at
`6:49-51, emphasis added. As
`shown in FIG. 128, the menu
`shows the parent/child
`relationships between options,
`wherein the parent option is
`"What type of restaurant are
`you looking for" and the child
`option is, e.g. "DELIVERY,"161
`which are linked to graphical
`user interface screens [71)
`"The memory 118 can contain
`... web page creation
`procedures 126 that
`dynamically generate menu
`web pages in response to a
`customer's request;m1...one or
`more menu web pages 144111
`that are dynamically created by
`the web creation procedure
`126;m1 a menu file system 146
`including one or more menu
`files representing menu data
`associated with a particular
`vendor...;m1 ...." (Specification
`as filed at 8:7-31.) The
`"modified menu" can be
`generated by the web page
`creation procedures according
`to the customer's request.
`(Specification as filed at 15:24-
`27.)
`
`"[T]he client computer 102 ...
`includes ... a memory 119...and
`a communication interface
`116.[21 The communications
`interface 116 is used to
`communicate with the server
`computer 106 as well as other
`system resources not shown....
`The memory 119 can contain ...
`Internet access procedures
`
`67135-8001.US00/LEGAL24459306.1 (cid:9)
`
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`Apple, Exhibit 1061, Page 17
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`(cid:9)
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`
`Application No. Not Yet Assigned
`Continuation of 09/282,645
`Preliminary Statement Filed August 22, 2012
`
`Attorney Ref. No. 67135.8001.US01
`
`122;[21...." (Specification as filed
`at 6:19-27.)
`
`"[T]he online ordering machine
`106 ... includes ... a memory
`118, a communication interface
`116[21.... The communications
`interface 116 is used to
`communicate with the client
`computers 102 as well as other
`system resources not shown."
`(Specification as filed at 6:30-
`7:3) "The memory 118 can
`contain ... Internet access
`procedures 122[21; web server
`procedures 124[21..2
`(Specification as filed at 8:7-
`11.)
`
`"FIG. 1 illustrates a system 100
`... including a number of client
`computers 102A-102N and one
`or more online ordering
`machines 106 in communication
`via a communications link
`1