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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`November 08,2012
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 09/400,413
`FILING DATE: September 21, 1999
`PATENT NUMBER: 6,384,850
`ISSUE DATE: May 07, 2002
`
`By Authority of tbe
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`~;fP~
`
`P.R. GRANT
`Certifying Officer
`
`Petitioners' Exhibit 101 0, Page 1
`
`

`
`'!'Q).dlll,'m»"'-!Q~ 'IllitES~ ~ESE~~ SII!WIJ, ~~liE:;;
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`November 08,2012
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 09/400,413
`FILING DATE: September 21, 1999
`PATENT NUMBER: 6,384,850
`ISSUE DATE: May 07, 2002
`
`By Authority of tbe
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`~;fP~
`
`P.R. GRANT
`Certifying Officer
`
`

`
`--~------~------- ---·-~------ ·----~- -~--·
`
`PATENT NUMBER
`
`6384850
`llllllllllll\llllllllllllllllllllllllllllllll
`6384850
`
`U.S. UTILITY PATENT APPLICATION
`I PATENT DATE .
`I ~· ~E.
`~r/"> CG
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`
`SCAHHED
`
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`SECTOR CLASS~
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`SUBCLASS
`
`ART UNIT
`,?-;·
`
`. EXAMINER
`
`t'
`
`FILED WITH: 0 DISK (CRF) OFICHE;
`
`(Anached on poclo..et on nght •'1S•de flap(
`
`PREPARED AND APPROVED FOR ISSUE
`
`ISSUING CLASSIFICATION
`
`/
`
`/
`
`/
`
`,/
`
`CROSS REFERENCE(S)
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`ORIGINAL
`
`CLASS
`N(
`
`!.
`
`CLASS
`
`'0----f( WI
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`INTERNATIONAL CLASSIFICATION --------
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`------
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`---------- .
`0 Continued on Issue Sltp lns•de File Jacket
`
`/
`r-----------------~~----------------------~------------------------,/
`D TERMINAL
`DRAWINGS
`CLAIMS ALLOWED '
`DISCLAIMER
`Print Claim for 0 c(
`
`Sheets Drwg.
`
`Figs. Drwg.
`
`Total Cla1ms
`
`Itt
`
`1
`
`NOTICE OF ALLOWANCE MAILED
`
`0 a) The term of this patent
`subsequent to
`has been disclaimed.
`0 b) The term of this patent shall
`not el<lend beyond the expirat•on date
`of US PatAnt No. ____ _
`
`(date)
`
`0 c) The terminal _months of
`this patent have been disclaimed.
`
`<t -1-o 1
`/~--------I_S_SU~E __ F_E_E ______ ~4
`0~~~
`&,;-=~(~:c! g-/Y-t)(
`
`Amount Due
`
`Date Paid
`
`ISSUE BATCH NUMBER
`
`(legalln&ttumenseum:ner)
`
`(Date)
`
`WARNING:
`The tnformatton disclosed heretn may be restncted Unauthorized disclosure may be proh1bited by the United States Code T1tle 35, Sections 122, 181 and 368.
`Possession outside the U.S. Patent & Trademar't( Office IS restncted to authorized employees and contractors only.
`
`Fo~ PT0·4HA
`(Rev 6198)
`
`(LABEL AREA)
`
`(FACE)
`
` 3
`
`Petitioners' Exhibit 1010, Page
`
`

`
`SERIAL NUMBER
`
`FILING DATE
`
`CLASS
`
`GROUP ART UNIT
`
`ATTORNEY DOCKET NO.
`
`09/ 400,413
`
`09/21/99
`
`707
`
`2776
`
`312 5-400
`
`v'
`!i REITH R. MCNALLY,
`~VRICHARD BERGFELD,
`~ .<
`
`:.-·--·
`SANTA CLARA, CA; WILLIAM H. ROOF , SAN DIEGO, CA;
`CHATSWORTH, CA.
`
`___....-··-·
`
`**CONTINUING DOMESTIC DATA*********************
`
`~~
`
`/
`
`**371 (NAT' L STAGE) DATA*********************
`VERIFIED
`
`/
`
`**FOREIGN APPLICAT I ONS************
`VERI FIED
`
`~r---
`
`IP REQUIRED, FOREIGN FI LI~L ICENSE GRANTED 10/14/99 ** SHALL E'TITY **
`foreign Priority cleimed
`Dves UJ)W'
`STATE OR
`SHEETS
`/
`TOTAL
`35 USC 119 (e-d) conditions met ~es c:Jno O Mel a her Allowance. COUNTRY
`DRAWING
`CLAIMS
`Y ?;_.-
`-
`4:?
`CA
`Verified end Acknowledged
`7
`
`/
`
`INDEPENDENT./
`CLAIMS
`/
`5
`
`... ~· ·
`
`INFORMATION MANAGEMENT AND SY NCHRONOUS COMMUNICAT I ONS SYSTEM WITH
`MENU GENERATION
`
`~
`
`/
`r-----------,--------------------------------------.- ----------------------------·--
`All Fees
`FEES: Authority has been given in Paper
`1.16 Fees (Filing)
`No.
`to charge/credit DEPOSIT ACCOUNT
`1.17 Fees (Processing Ext. of time)
`NO.
`for the following:
`1 . 1 8 Fees (k_sue)
`D
`Other ---------
`D
`C;edit
`~----------~~--------------------------------------~~~------------------------------
`
`FIUNG FEE
`RECEIVED
`
`$ 730
`
`0 §
`
`Petitioners' Exhibit 1010, Page 4
`
`

`
`PATENT APPLICATION SERIAL NO. _,;;;_ffi.L...+-I.....:.~....;;..{J....;_(J......~t/1"--t-3_
`I
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`fEE RECORD SHEET
`
`01 Ftl201
`•Ftaae
`t3 FtaaJ
`
`lii.OOII'
`207.00.
`
`71."·
`
`.I
`
`PT0-1556
`(5/87)
`"IJ.S. GPO: t991H3~21,_
`
`Petitioners' Exhibit 101 0, Page 5
`
`

`
`0
`
`. i
`... ·-.;
`~ ... ~
`
`-~ .....
`-~-...
`PATElj;;;-:-
`-~!!!1!!!!!!!0
`Docket No. 3 125-4<4
`•
`
`lN.I.llE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND APPLICATION FEE TRANSMITTAL (1.53(b))
`
`Express Mail Label No. EJ917774582US
`
`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
`Bergfeld, Chatsworth. CA
`
`For:
`
`iNFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`
`Enclosed are:
`
`SYSTEM WITH MENU GENERATION
`
`[X] _l.Q_page(s) of specification. _L_page(s) of Abstract, _Lpage(s) of claims
`
`[X] _7_ sheets of drawing
`
`[ ] formal
`
`[ x ) informal
`
`,.,g
`
`[XI_6_page(s) of Declaration and Powt:r of Attorney
`
`(X] Unsigned
`[ ) Newly Executed
`[ ) Copy from prior application
`
`[ ) Deletion of inventors including Signed Statement under 37 C.F.R. § 1.63(d)(2)
`
`[ 1
`
`Incorporation by Reference: The entire d isclosure 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.
`
`[ I
`
`Microfiche Computer Program (Appendix)
`
`[ ] _ _ page(s) o f Sequence Listing
`
`[ I
`[ 1
`
`computer readable disk containing Sequence Listing
`Statement under 37 C.F.R. § 1.821(1) that computer and paper copies of the Sequence Listing are
`the same
`
`Petitioners' Exhibit 1010, Page 6
`
`

`
`Docket No. 3 125-4002
`
`{ J
`
`[ ]
`
`[ J
`
`Claim for Priority
`
`Certified copy of Priority Document(s)
`
`[ J
`
`English ll'anslation documents
`
`Information Disclosure Statement
`
`[ ]
`
`[ ]
`
`Copy of __ cited references
`
`Copy of PT0- 1449 filed in parent application serial No. _ __ _ ~
`
`( ]
`
`Preliminary Amendment
`
`(XJ
`
`[ 1
`
`Return receipt postcard (MPEP 503)
`
`Assigrunent Papers (assignment cover sheet and assigrunent doc wnents)
`
`[ 1
`
`[ l
`
`[ l
`
`A check in the amount of $40.00 for recQrding the Assig.runent.
`
`Assignment papers filed in parent application Serial No .. ___ _
`
`Certification o f chain of title pursuant to 37 C.F.R. § 3.73(b).
`
`This is a [ I continuation [ ] divisional [ J continuation-in-part (C-1-P) of prior application serial no.
`
`..
`
`[ I
`Cancel in this application original claims
`of the parent application before
`calculating the filing fee. (At least one original independent claim must be retained for filing purposes.)
`
`[ I
`
`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 p:-ior application.
`
`The status of the parent application is as follows:
`
`[ I
`
`[ I
`
`[ I
`
`A Petition For Extension of Time and a Fee therefor has been or is being fi led in the parent
`appl ication to extend the term for action in the parent application until ______ ~
`
`A copy of the Petition for Extension of Time in the co-pending parent application is attached .
`
`No Petition For Extension of T ime and Fee therefor are necessary in the co-pending parent
`application.
`
`( )
`
`Please abandon the parent application at a time while the parent application is pending or at a time when
`the pellllon 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.
`
`[ I
`
`Transfer the drawing(s) from the patent application to this application.
`
`[ 1
`
`Amend the specification by inserting before the flfst line the sentence:
`Thts is a [ I continuation [ ] d ivisional [ ] continuation-in-pan of co-pending application Serial No. __
`------ filed ------~
`
`- 2 -
`
`Petitioners' Exhibit 1010, Page 7
`
`

`
`0
`..rJ ... ~
`0
`0
`.f:
`~ w
`i""j -\0
`
`~
`
`il.l
`Ia&
`'4 ~ ..,.,.,
`'4 ~ ..,..,
`
`Docket No. 3 125-4002
`
`I.
`
`CALCULATION OF APPLICATION FEE (For Other Than A Small Entity)
`
`Basic Fee
`
`Number Filed
`
`Number Extra
`
`Rate
`
`$760.00
`
`Total
`Claims
`Independent
`Claims
`Multiple Dependent Claims
`
`43
`
`5
`
`-20=
`
`- 3=
`
`23
`
`2
`
`x$18.00
`
`$414.00
`
`x$78.00
`
`$156.00
`
`[ ) yes
`(X] no
`
`Additional Fee
`Add'l Fee
`
`$260.00
`NONE
`
`$0
`
`Total: $ 1.330.00
`
`[X]
`
`[X]
`
`[ I
`
`[X)
`
`A statement claiming srrtall entity status is attached or has been filed in the above-identified parent
`application and its benefit under 37 C.F.R. § 1.28(a) is hereby claimed. Reduced fees under 37 C.F.R.
`§ 1.9(F) (500/o of total) paid herewith S 665.00.
`
`A check in the amount of~ in payment of the application filing fees is attached.
`
`Charge Fee(s) to Deposit Account No. 13-4500. Order No. _____ . A DUPLICAT E COPY OF
`THIS SHEET IS ATTACHED.
`
`The Assistant Commissioner is hereby authorized to charge any additional fees which may be required for
`fil ing this application, or credit any overpayment to Deposit Account No. 13-4500, O rder No. 3125-4002.
`A DUPLICATE COPY OF THIS SHEET IS ATTACHED.
`
`Dated: September 2 I, 1999
`
`CORRESPONDENCE ADDRESS:
`
`MORGAN & FINNEGAN. L.L.P.
`345 Park A venue
`New York, New York 10154
`(2 12) 758-4800
`(2 12) 751-6849 Facsimile
`
`FORM: UTL.-TRAN.NY
`Rev. ll/ 13/98
`
`4'122-1 2 I
`
`- 3 -
`
`Respectfully submitted,
`
`MORGAN & FlNNEGAN, L.L.P.
`
`By f}.k. ttv , CJ ~
`
`J W . Osborne
`Registration No. 36,23 1
`
`Petitioners' Exhibit 101 0, Page 8
`
`

`
`Docket No. 3 I 25-4002
`
`lN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applieant(s)
`
`Keith R. McNally
`William H. Roof
`Richard Bergfeld
`
`Group Art Unit :
`
`TBA
`
`Serial No.
`
`TBA
`
`Examiner:
`
`TBA
`
`Filed
`
`For
`
`September 2 I, 1999
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS
`COMMUNICATIONS SYSTEM WITH MENU GENERATION
`
`EXPRESS MAIL CERTIFICATE
`
`Assistant Commissioner tor Patents
`Washington, D.C. 2023 1
`
`Express Mail Label No. EJ917774582US
`
`Date of Deposit
`
`September 21 1999
`
`•
`
`I hereby certify that the following attached papcr(s) and/or fee
`
`Application with 43 claims, 7 sheets of drawing figures; one ( I) 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.
`
`is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under 37
`
`C.F.R. § 1.10 on the date indicated above and is addressed to the Assistant Commissioner for Patents, Washington,
`
`D.C. 2023 1.
`
`francisco Garcia
`(Typed or printed name of person
`r(s) and/or fee)_
`mailing ll
`
`gnaturc of person mai rng
`paper(s) and/or fee)
`
`CORRESPOND ENCE ADDRESS:
`MORGAN & FINNEGAN, L.L.P.
`345 Park Avenue
`New York, New York 101.54
`(2 12) 758-4800
`(2 12) 751-6849 Facsimile
`
`4 92111_ 1
`
`Petitioners' Exhibit 1010, Page 9
`
`

`
`(ctape....,. flit in blue clip area)
`
`OATE:
`
`FROM:
`
`Zt00 INTERNAL TRANSf-eR REQUEST FOR S.N.
`E£X<Q.&
`REASON(S):
`A. You had Parent
`B . See Title
`C. See Abstract
`
`FORWARD TO:
`A. Aft Unit:
`e. caass: .
`C subclass:
`
`D. See Clalm(s):
`
`USPTO
`
`(print name)
`
`(print name)
`
`. /
`
`. . /
`
`'1- r 7)
`3 V'?
`'3)3
`FURTHER EXPLANATION IF NEEDED:
`1'11 W [~.uz. i
`
`f.{St..f
`
`)..( \, - VV'\-( 11\..U~
`
`DATE:
`
`FORWARD TO:
`A. Art Unit:
`. B. Class:
`
`c SUbclass:
`
`FROM:
`
`REASON(S):
`A. You had Parent
`B. See Title
`C. See Abstract
`
`D. See Claim(s):
`
`FURTHER EXPLANATION IF NEEDED:
`
`DATE:
`
`FROM:
`
`REASON(S):
`You had Parent
`B. See Title
`See Abstract
`
`FURTHER EXPLANATION IF NEEDED:
`
`DISPOSmON BY 2700 CLASSIFICATION
`
`DATE:
`
`CLASSIFIER:
`
`FORWARD TO:
`A.MUnit:
`B. Class:
`
`C Subclass:
`
`A You had Parent §-·
`
`REASON(S):
`
`B. See TiUe
`c. see Abstract
`
`D. See Clalm(s):
`
`~""'
`c-.~ooo~
`
`FURTHER EXPLANATION IF NEEDED:
`
`Petitioners' Exhibit 1010, Page 1 0
`
`

`
`EXPRESS MAIL CERTIFICAT E 1\_ . .:J917774582US
`PATENT
`
`Attorney Docket No. 3125-4002
`
`2
`3
`4
`5
`6
`7
`8
`9
`10
`
`11
`
`UNITED STATES PATENT APPLICATION
`
`OF: KEITH R. McNALLY
`WILLIAM H. ROOF
`RICHARD BERGFELD
`
`FOR: INFORMATION MANAGEMENT AND SYNCHRONOUS
`COMMUNICATIONS SYSTEM WITH MENU
`GENERATION
`
`FIELD OF THE INVENTION
`
`This
`
`invention relates
`
`to an
`
`infonnation management and synchronous
`
`communications system and method for generation of computerized menus for restaurants and
`
`other applications with specialized display and synchronous communications requirements
`
`j..kiS
`
`related to, for example, the use of equipment or software with non-PC-standard graphical
`
`:__16
`~
`;17
`H.l
`Li.. ::J8
`
`19
`
`20
`
`formats, display sizes and/or applications for use in remote data entry, information management
`
`and synchronous conununication between host computer, digital input device or remote pager
`
`via standard hardwired connection, the internet, a wireless link, smart phone or the like.
`
`BACKGROUND OF THE INVENTION
`
`While computers have dramatically altered many aspects of modem life, pen and
`
`21
`
`paper have prevailed in the hospitality industry, e.g., for restaurant ordering, reservations and
`
`22 wait-list management, because of their simplicity, ease of training and operational speed. For
`
`23
`
`example, ordering prepared foods has historically been done verbally, either directly to a waiter
`
`24
`
`or over the telephone, whereupon the placed order is recorded on paper by the recipient or
`
`25
`
`instantly fi lled.
`
`490392_1
`
`Petitioners' Exhibit 1010, Page 11
`
`

`
`Although not previously adapted for wide-scale use in the hospitality industry,
`
`2
`
`various forms of digital wireless communication devices are in common use, e.g., digital
`
`3 wireless messengers and pagers. Also in common use are portable laptop and handheld devices.
`
`4 However, user-friendly information management and communication capability not requiring
`
`5
`
`6
`
`7
`
`8
`
`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
`
`0 9
`
`satisfactory solution.
`
`~10
`0
`1511
`"F
`
`;:';12
`
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`
`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
`
`~5 screens and displays to display information to the operator. This reduces the overall utility ofthe
`
`16
`
`device. Additionally, the smaller display and keyboard results in a non-optimal operator
`
`I 7
`
`interface, which slows down operation and is thus unacceptable for the time criticality of
`
`18
`
`ordering, reservation and wait-list management and other similar applications. This necessitates
`
`19 many design compromises which in the aggregate have resulted in limited acceptance of PDA
`
`20
`
`type devices in the restaurant and hospitality fields.
`
`21
`
`Many of the negatives prevalent in earlier devices have been eliminated, but, to
`
`22
`
`date, there is still no integrated solution to the orderinglwaitlist/reservation problem discussed
`
`23
`
`above. With the advent of the Palm® and other handheld wireless devices, however, the efforts
`
`49039 2_1
`
`- 2-
`
`Petitioners' Exhibit 1010, Page 12
`
`

`
`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
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`";::;:f
`
`database and multiple handheld devices, synchronization and communication between a World
`
`;""';; 9
`:.Lj
`.;10 Wide Web ("Web") server and multiple handheld devices, a well-defined application program
`
`;d11
`
`interface ("API") that enables third parties such as point of sale ("POS") companies, affinity
`
`~ 2
`~_;_=
`
`~13
`·-·
`rJJ rd4
`g 5
`
`16
`
`17
`
`18
`
`19
`
`program companies and internet content providers to fully integrate with computerized
`
`hospitality applications, real-time communication over the internet 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
`
`that the different components are in equilibrium at any given time and an overall consistency is
`
`20
`
`achieved. For example, a reservation made online would be automatically communicated to the
`
`21
`
`backoffice server and then synchronized with all the wireless handheld devices wirelessly.
`
`22
`
`23
`
`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.
`
`490392_ 1
`
`- 3 -
`t/
`
`Petitioners' Exhibit 1010, Page 13
`
`

`
`For the foregoing reasons, paper-based ordering, waitlist and reservations
`
`2 management have persisted in the face of widespread computerization in practically all areas of
`
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`commerce. At most, computerization of these functions has been largely limited to fixed
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`computer solutions, i.e., desktop or mainframe, because of the problems heretofore faced in
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`configuring wireless handheld devices and maintaining database synchronization for such
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`applications. Specifically, the unavailability of any simple technique for creating restaurant
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`7 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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`compatible with ordering over
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`the
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`internet has prevented widespread adoption of
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`computerization in the hospitality industry. Without a viable solution for this problem,
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`organizations have not made the efforts or investments to establish automated interfaces to
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`handheld and Web site menus and ordering options.
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`A principal object of the present invention is to provide an improved information
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`management and synchronous communications system and method which facilitates user-
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`friendly and efficient generation of computerized menus for restaurants and other applications
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`that utilize equipment with non-PC-standard graphical formats, display sizes and/or applications.
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`16
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`A further object of the present invention is to provide an improved information
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`17 management and synchronous communications system and method which provides for entry,
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`18 management and communication of information from the operator as well as to and from another
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`19
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`computer, Web page menu, remote digital device using a standard hardwired connection, the
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`internet or a wireless link.
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`A fu rther object of the present invention is to provide an improved information
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`22 management and synchronous communications system which is small, affordable and
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`490392_1
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`- 4 -
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`Petitioners' Exhibit 1010, Page 14
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`lightweight yet incorporates a user-friendly operator interface and displays menus in a readily
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`comprehensible fonnat.
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`A further object of the present invention is to provide a synchronous information
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`4 management and conununications system which enables automatic updating of both wireless and
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`internet menu systems when a new menu item is added, modified or deleted from any element of
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`the system.
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`SUMMARY OF THE INVENTION
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`The foregoing and other objects of the present invention are provided by a
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`-~ 9
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`synchronous infonnation management and communications system and method optimized for
`~0 simplicity of operation which incorporates menu generation for creation of menus to be used
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`.&.11 with wireless remote handheld computer and PDA devices, the internet or any application where
`~
`ll..~ 2 simple and efficient generation of menus is appropriate. The menu generation approach of the
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`C?t 3
`present invention includes a desktop software application that enables the rapid creation and
`~
`"' ~4 building of a menu and provides a means to instantly download the menu configuration onto,
`~5 e.g., a handheld device or Web page and to seamlessly interface with standard point of sale
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`16
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`("POS") systems to enable automatic database updates and communication exchanges when a
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`17
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`change or input occurs in any of the other system elements. To solve the above and other related
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`18
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`problems, an infonnation management and communications system is provided which results in
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`19
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`a dramatic reduction in the amount of time, and hence cost, to generate and maintain
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`20
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`computerized menus for, e.g., restaurants and other related applications that utilize non-PC-
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`21
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`standard graphical formats, display sizes or applications.
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`22
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`The menu generation approach of the present invention has many advantages over
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`23
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`previous approaches in solving the problem of converting paper-based menus or Windows® PC-
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`490392_1
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`- 5 -
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`~-
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`Petitioners' Exhibit 1010, Page 15
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`

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`based menu screens to small PDA-sized displays and Web pages.
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`In one embodiment, the
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`present invention is a software tool for building a menu, optimizing the process of how the menu
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`can be downloaded to either a handheld device or Web page, and making manual or automatic
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`2
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`3
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`4 modifications to the menu after initial creation.
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`5
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`8
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`The use of wireless handheld devices in the restaurant and hospitality industry is
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`becoming increasingly pervasive as restaurant owners and managers become more aware of the
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`benefits. With the proper wireless handheld system in place, restaurants can experience
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`increased table turns from improved server productivity and shorter order taking and check
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`paying times. Restaurants and POS companies seeking to provide a wireless handheld interfac.e
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`to their desktop-based POS systems or a Web page equivalent face several challenges. These
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`challenges include building a menu using their existing database and transferring the menu onto
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`handheld devices or Web pages
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`that will
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`interface with servers wirelessly or to
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`restaurants/customers over the internet. The menu generation approach of the present invention
`
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`development effort to produce both the handheld and Web page formats, link them with the
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`16
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`existing POS systems, and thus provides a way to tum a complicated, time-consuming task into a
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`17
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`simple process.
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`18
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`19
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`The information management and synchronous communications system of the
`
`present invention features include fast synchronization between a central database and multiple
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`20
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`handheld devices, synchronization and communication between a Web server and multiple
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`21
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`handheld devices, a well-defined API that enables third parties such as POS companies, affinity
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`22
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`program companies and internet content providers to fully integrate with computerized
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`23
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`hospital ity applications, real-time communication over the internet with direct connections or
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`490392_1
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`-6-
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`Petitioners' Exhibit 1010, Page 16
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`2
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`regular modem dialup coiUlections and support for batch processing that can be done periodically
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`throughout the day to keep multiple sites in synch with the central database.
`
`The communication module also provides a single point of entry for all hospitality
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`applications, e.g., reservations, frequent customer ticketing, wait lists, etc. to communicate with
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`one another wirelessly and over the Web. This communication module is a layer that sits on top
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`of any communication protocol and acts as an interface between hospitality applications and the
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`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
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`wireless handheld devices and linked web sites in synch with the backoffice 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.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`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:
`
`~~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
`
`confonnity red embodiment oflhe present invention.
`
`FIG. 2 is a schematic representation o f a modifier dialog box in conformity with a
`
`preferred embodiment of the present invention.
`
`490392_1
`
`- 7-
`
`Petitioners' Exhibit 1010, Page 17
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`

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`~3 is a schematic representation of a menu category d ialog box in conformity
`
`with a preferred embodiment of the present invention.
`
`_)16: .. 4 is a schematic representation of a menu item dialog box in conformity with
`
`a preferred embodiment of the present invention.
`~ is a schematic representation of a display customization dialog box in
`d embodiment of the present invention.
`
`G. 6 is a schematic representation of a communications control window in
`
`embodiment of the present invention.
`
`. 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.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`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, GUI operating systems have simplified PCs and have rendered computer technology
`
`more user friendly by eliminating the need to memorize keyboard entry sequences. In addition,
`
`GUis 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 file.
`
`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
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`they also were physical objects. The most common GUI operating systems that provide this
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`"object-oriented" environment for personal computers are Microsoft Windows® systems,
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`490392_1
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`- 8 -
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`Petitioners' Exhibit 1010, Page 18
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`

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`including Windows CE® for handheld wireless devices and the like. Generally, a particular
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`application program presents information to a user through a window of a GUI by drawing
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`images, graphics or text within the window region . The user, in turn, communicates with the
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`application by "pointing" at graprucal objects in the window with a pointer that is controlled by a
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`hand-operated pointing device, such as a mouse, or by pressing keys on a keyboard.
`
`The use of menus is conventional in GUls for software applications. Menus are
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`typically utilized to provide end users of applications with available choices or processing
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`options while using the applications. For example, in a typical desktop or interactive application,
`
`selection of a "file" from a menu bar may cause display of a context menu which provides "file"
`
`options. File options can have additional subordinate or child options associated with them. If a
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`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
`
`parent/child relationships between options of the context menu. A menu system of this type is
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`incorporated into the preferred embodiment of the invention.
`
`The preferred embodiment of the present invention uses typical hardware
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`elements in the form of a computer workstation, operating system and application software
`
`19
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`elements which configure the hardware elements for operation in accordance with the present
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`20
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`invention. A typical workstation platform includes hardware such as a central processing unit
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`21
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`("CPU"), e.g., a Pentium® microprocessor, RAM, ROM, hard dri ve storage in which are stored
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`22
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`various system and application programs and data used within the workstation, modem, display
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`23
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`screen, keyboard, mouse and optional removable storage devices such as floppy drive or a CD
`
`490392_ 1
`
`- 9 -
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`Petitioners' Exhibit 1010, Page 19
`
`

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`ROM drive. The workstation hardware is configured by software including an operating system,
`
`e.g. , Windows® 95, 98, NT or CE, networking software (including internet browsing software)
`
`and application software components. The preferred embodiment also encompasses a typical file
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`server platform including hardware such as a CPU, e.g., Pentium® microprocessor, RAM, ROM,
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`hard drive, modem, and optional removable storage devices, e.g., floppy or CD ROM drive. The
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`server hardware is configured by software including an operating system, e.g., Windows® 95, 98,
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`6
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`7 NT or CE, networking software (including Web server software) and database software.
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`8
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`A computer workstation for use in the preferred embodiment also includes a GUI.
`
`arranged to resemble a single desktop. Execution of an application program involves one or
`
`0 9 As is conventional, the GUI is configured to present a graphical display on the display screen
`~
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`Ot I more user interface objects represented by windows and icons. Typically, there may be several
`.;:
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`Vi d 3
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`generated by different applications.
`
`The window environment is generally part of the operating system software that
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`~5 includes a collection of utility programs for controlling the operation of the com

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