`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`V1912001 JBALIIIAJI 00000018 134500
`370.00 CH
`;1 FC:201
`· ··42.00 CH
`-~ FC:202
`54.0001
`}3 FC:203
`140.00CH
`$A FC:204
`
`···
`
`100111517
`
`PT0-1556
`(5/87)
`•u.s. GPO: 2000-468-987/39595
`
` 1
`
`Petitioners' Exhibit 1009, Page
`
`
`
`,.
`)
`
`Application or Docket Number
`
`PATENT APPLICATION FEE DETERMINATION RECORD
`Effective October 1, 2001
`
`CLAIMS AS FILED - PART I
`
`SMALL ENTITY
`TYPE c:::::J
`
`OTHER THAN
`OR SMALL ENTITY
`
`TOTAL CLAIMS
`
`FOR
`
`TOTAL CHARGEABLE CLAIMS
`
`INDEPENDENT CLAIMS
`
`minus 20=
`
`minus 3 =
`
`*
`
`I
`
`MULTIPLE DEPENDENT CLAIM PRESENT
`
`* If the difference in column 1 is less than zero, enter "0" in column 2
`
`OR X$18=
`
`OR X84=
`
`OR +280=
`
`OR TOTAL
`
`CLAIMS AS AMENDED - PART II
`
`SMALL ENTITY
`
`ADD I-
`RATE TIONAL
`FEE
`
`OTHER THAN
`OR SMALL ~NTITY
`
`RATE
`
`ADD I-
`TIONAL
`
`PRESENT
`EXTRA
`
`**
`***
`
`X$9=
`
`X42=
`
`+140=
`
`TOTAL
`ADDIT. FEE
`
`OR X$18=
`
`OR X84=
`
`OR +280=
`
`6:
`0
`0
`~
`00 :5
`~ <(
`t;;
`w
`!00
`
`PRESENT
`EXTRA
`
`ADDI-
`RATE TIONAL
`FEE
`
`ADD I-
`RATE TIONAL
`
`X$9=
`
`X42=
`
`+140=
`
`TOTAL
`ADDIT. FEE
`
`OR X$18=
`
`OR X84=
`
`OR +280=
`
`OR ADDIT.
`
`PRESENT
`EXTRA
`
`ADD I-
`RATE TIONAL
`FEE
`
`RATE
`
`ADD I-
`TIONAL
`
`X$9=
`
`X42=
`
`+140=
`
`• If the entry in column 1 is less than the entry in column 2, write ·o· in column 3.
`** If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20."
`***If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3."
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1 .
`
`TOTAL
`ADDIT. FEE
`
`FORM PT0-875 (Rev. 8/01)
`
`Ru s r.P0.2oo• .eu., ~,.' s9197
`
`F
`
`OR X$18=
`
`OR
`
`X84=
`
`OR
`
`+280=
`
` 2
`
`Petitioners' Exhibit 1009, Page
`
`
`
`ClA~MS O~lV
`
`AS FILED
`
`DEP.
`
`AFTER
`1st AMENDMENT
`IND.
`DEP.
`
`AFTER
`2nd AMENDMENT
`IND.
`DEP.
`
`SERIAL NO.
`
`ALINGOATE
`
`APPUCANT(S)
`
`CLAIMS
`
`•
`
`I"'
`
`I"'
`
`IND.
`
`DEP.
`
`IND.
`
`DEP.
`
`IND.
`
`DEP.
`
`p
`/}
`
`51
`52
`53
`54
`55
`56
`57
`58
`59
`60
`61
`62
`63
`64
`65
`66,
`67
`68
`69
`70
`71
`72
`73
`74
`75
`76
`n
`78
`79
`80
`81
`82
`83
`84
`85
`86
`87
`88
`89
`90
`91
`92
`93
`94
`95
`96
`97
`98
`99
`100
`TOTAL
`IND.
`TOTAL
`DEP.
`~;s
`
`u
`
`¢::3
`
`•,'
`
`u -
`
`¢::3
`
`r---
`
`¢:lu
`
`¢:lu
`..
`
`,,.
`
`~
`
`IND.
`1
`I
`I'
`I
`I
`
`'J
`:.!;
`
`.;t
`)_,J
`7
`;z,
`I
`I
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`29
`30
`31
`32
`33
`34
`35
`36
`37
`38
`39
`40
`41
`42
`43
`44
`45
`46
`47
`48
`49
`50
`u
`4 u
`TOTAL
`IND.
`¢::3 r--- ¢::3
`TOTAL
`.
`f).~
`DEP.
`~=s l¥tJ
`
`,. MAY BE USED FOR ADDITIONAL CLAIMS OR ADMENDMENTS
`
`'0RM PT0..2022 (1-98)
`
`U.S.DEPARTMENT OF COMMERCE
`Patent and Tradamark Office
`
` 3
`
`Petitioners' Exhibit 1009, Page
`
`
`
`Docket No. 3125~4003
`
`Express Mail No. EL606933355US
`L
`'
`
`lllllllllllltllllltlllllllllllllll
`27123
`
`PATENT _TRADEMARK OFFICE
`
`---(cid:173)
`r--==
`o·--==
`·f-oa.niii!iiii!ii!!
`: .............
`1'AFFIX CUSTOMER NO. LABEL ABOVE 1' ~....0=~
`•::.c==~
`an'-.__::::
`U•· -==
`anc~
`110_._.
`..., =
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UTILITY APPLICATION AND FEE TRANSMITTAL §(1.53(b))
`
`Commissioner for Patents
`Box Patent Application
`Washington, D.C. 20231
`
`Sir:
`
`Transmitted herewith for filing is the patent application of
`
`Inventor(s) names and addresses: Keith R. McNally. San Diego. CA: WJ Kitchen. Rancho Santa
`Fe, CA: Ken Rogers. San Diego. CA: Paul Rubin. San Diego. CA
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`SYSTEM WITH MENU GENERATIQN. AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
`
`Enclosed Are:
`
`30
`1
`.5.
`~
`.8.
`
`page(s) of specification
`page(s) of Abstract
`page( s) of claims
`[2;] Formal D Informal drawings
`sheets (Figs. 1-9) of
`page( s) of Declaration and Power of Attorney
`[2] Unsigned
`D Newly Executed
`D Copy from prior application
`D Deletion of inventors including Signed Statement under 37 C.P.R.§ 1.63(d)(2)
`
`661057 vl
`
` 4
`
`Petitioners' Exhibit 1009, Page
`
`
`
`Docket No. 3125-4003
`
`[g)
`
`REQUEST AN:Q CERT,IFICATION 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 country, or under a multilateral agreement, that requires
`publication at eighteen months after filing. Applicant(s) therefore request(s) that the
`attached application NOT be published under 35 U.S.C. §122(b).
`
`D
`
`0
`
`Incorporation by Reference:
`0 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 oflnventors (37 C.F.R. §1.63(d) and §1.33(b)
`Signed statement attached deleting inventor(s) named in the prior application serial no.
`__ , filed _ _ .
`D Microfiche Computer Program (Appendix)
`0 page( s) of Sequence Listing
`0 computer readable disk containing Sequence Listing
`0 Statement under 37 C.F.R. §1.821(±) that computer and paper copies of the Sequence
`Listing are the same
`Assignment Papers (assignment cover sheet and assignment documents)
`0 A check in the amount of $40.00 for recording the Assignment
`0 Charge the Assignment Recordation Fee to Deposit Account No. 13-4500, Order
`No. __ .
`D Assignment Papers filed in the parent application Serial No.
`
`0
`
`0
`0
`
`0
`
`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).
`0 Certified Copy ofPriority Document(s) [ __ ]
`0 filed herewith
`0 filed in application Serial No.
`0 English translation document(s) l - - -J
`0 filed herewith
`0 filed in application Serial No. __ , filed __ .
`
`filed __ .
`
`Priority is claimed under 35 U.S.C. §119(e) for:
`Provisional Application No. __ , filed __ .
`
`661057 vl
`
`-2-
`
` 5
`
`Petitioners' Exhibit 1009, Page
`
`
`
`Docket No. 3125-4003
`
`D
`
`D
`
`[g)
`
`0
`
`0
`0
`
`~'
`
`Information Disclosure Statement
`0 Copy of [
`J cited references
`D PTO Form-1449
`0 References cited in parent application Serial No. __ , filed __ .
`
`Related Case Statement under 37 C.P.R. § 1.98(a)(2)(iii)
`0 A copy of related pending U.S. Application(s) Serial No(s): __ ,filed __ ,
`respectively, is attached hereto.
`D A copy of related pending U.S. Application(s) entitled, __ , filed __ to
`inventor(s) __ ,respectively, is attached hereto.
`D A copy of each related application(s) was submitted in parent application serial no.
`__ , filed __ .
`Preliminary Amendment
`
`Return receipt postcard (MPEP 503)
`This is a 0 continuation
`divisional rg) continuation-in-part of prior application
`serial no. 09/400A13, filed September 21.1999, to which priority under 35 U.S.C. § 120 is
`claimed.
`0 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.)
`0 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).
`
`The status of the parent application is as follows:
`0 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 _ _ .
`0 A copy of the Petition for Extension of Time in the co-pending parent application is
`attached.
`!8J No Petition for Extension of Time 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 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 0 continuation 0 divisional 0 continuation-in-part of co-pending application
`Serial No. __ , filed __ .
`
`661057 vl
`
`-3-
`
` 6
`
`Petitioners' Exhibit 1009, Page
`
`
`
`Docket No. 3125-4003
`
`I. CALCULATION OF APPLICATION FEE
`
`Number Filed
`
`Number Extra
`
`Rate
`
`Basic Fee
`$740.00/370.00
`
`Total Claims*
`
`Independent Claims
`
`26-20 =
`
`4- 3
`
`6x
`
`lx
`
`$18.00/$9.00
`
`$ 54.00
`
`$84.00/ $42.00
`
`$ 42.00
`
`[8J Multiple Dependent Claims
`If marked, add fee of$280.00 ($140.00)
`* Reflects total number of claims for fee purposes, with multiple dependent claims
`being counted according to 37 C.F.R. §1.75(c)
`
`$ 140.00
`
`TOTAL:
`
`$ 606.00
`
`~ Small entity status is or has been claimed. Reduced fees under 37 C.F.R. § 1.9 (f) paid
`herewith
`$606.00.
`
`D
`A check in the amount of$ __ in payment of the application filing fees is attached.
`~ Charge fee to Deposit Account No. 13-4500, Order No. 3125-4003. A DUPLICATE
`COPY OF THIS SHEET IS ATTACHED.
`
`The Commissioner is hereby authorized to charge any additional fees which may be
`required for filing this application pursuant to 3 7 CFR § 1.16, including all extension of
`time fees pursuant to 37 C.F.R. § 1.17 for maintaining copendency with the parent
`application, or credit any overpayment to Deposit Account No. 13-4500, Order No. 3125-
`4003. A DUPLICATE COPY OF THIS SHEET IS ATTACHED.
`
`Respectfully submitted,
`MORGAN & FINNEGAN, L.L.P.
`
`Dated: November 1, 2001
`
`By:
`
`Correspondence Address:
`MORGAN & FINNEGAN, L.L.P.
`345 Park A venue
`New York, NY 10154-0053
`(212) 758-4800 Telephone
`(212) 751-6849 Facsimile
`
`661057 vl
`
`A-
`
` 7
`
`Petitioners' Exhibit 1009, Page
`
`
`
`Docket No. 3125-4003
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`l~
`
`Applicant(s): McNally et al.
`
`Serial No.:
`
`TBA
`
`Filed:
`
`Herewith
`
`Group Art Unit:
`
`TBA
`
`Examiner:
`
`TBA
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`SYSTEM WITH MENU GENERATION, AND HANDWRlTING AND VOICE
`MODIFICATION OF ORDERS
`EXPRESS MAIL CERTIFICATE
`
`Express Mail Label No.:
`
`EL606933355US
`
`Date of Deposit:
`
`November 1, 2001
`
`I hereby certify that the following attached paper(s) and/or fee
`
`1. Utility Application and Fee Transmittal Form;
`2. Combined Declaration and POA;
`5. Patent Application (Specs. 29 pgs., Claims 5 pgs. Abstract 1 pg.)
`6. Drawings (8 sheets- Figs. 1-9)
`5. 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 BOX CPA,
`Commissioner for Patents, Washington, D.C. 20231.
`
`Jesus Raul Remedios
`
`Correspondence Address:
`MORGAN & FINNEGAN, L.L.P.
`345 Park Avenue
`New York, NY 10154-0053
`(212) 758-4800 Telephone
`(212) 751-6849 Facsimile
`
`661263 vl
`
` 8
`
`Petitioners' Exhibit 1009, Page
`
`
`
`EXPRESS MAIL CERTIFICATE NO. EL6069333'55US
`W'
`PATENT
`..t ..
`
`Attorney Docket No. 3125-4003
`
`UNITED STATES PATENT APPLICATION
`
`For:
`
`INFORMATION MANAGEMENT AND SYNCHRONOUS COMMUNICATIONS
`SYSTEM WITH MENU GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
`
`Inventors:
`
`Keith R. McNALLY
`
`WJKITCHEN
`KEN ROGERS
`PAUL RUBIN
`
`2
`
`3
`4
`~.~,s
`
`~,~8
`
`660374 vl
`
` 9
`
`Petitioners' Exhibit 1009, Page
`
`
`
`, '~ ..
`
`UNITED STATES PATENT APPLICATION
`
`OF: KEITH R. McNALLY
`WJKITCHEN
`KEN ROGERS
`PAUL RUBIN
`
`FOR: INFORMATION MANAGEMENT AND SYNCHRONOUS
`COMMUNICATIONS SYSTEM WITH MENU
`GENERATION, AND HANDWRITING AND VOICE
`MODIFICATION OF ORDERS
`
`The present application is a continuation-in-part of application Serial No.
`
`09/400,413, filed September 21, 1999. The contents of 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
`
`1
`
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`
`~):4
`
`~:::f
`
`Ho8
`
`~~~
`
`~b other applications with specialized display and synchronous communications requirements
`
`tr~:i::
`
`21
`
`related to, for example, the use of equipment or software with non-PC-standard graphical
`
`22
`
`formats, display sizes and/or applications for use in remote data entry, information management
`
`23
`
`and synchronous communication between host computer, digital input device or remote pager
`
`24
`
`via standard hardwired connection, the internet, a wireless link, smart phone or the like.
`
`25
`
`26
`
`BACKGROUND OF THE INVENTION
`
`While computers have dramatically altered many aspects of modem life, pen and
`
`27
`
`paper have prevailed in the hospitality industry, e.g., for restaurant ordering, reservations and
`
`28 wait-list management, because of their simplicity, ease of training and operational speed. For
`
`660374 vl
`
`- 2-
`
` 10
`
`Petitioners' Exhibit 1009, Page
`
`
`
`,
`
`1
`
`2
`
`3
`
`4
`
`5
`
`.
`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,
`
`vanous forms of digital wireless communication devices are in common use, e.g., digital
`
`6 wireless messengers and pagers. Also in common use are portable laptop and handheld devices.
`
`7 However, user-friendly information management and communication capability not requiring
`
`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
`
`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
`
`;10
`
`?~~
`
`,,,b2
`
`~lk3
`
`{114
`
`q~ display medium interface itself, which in most cases is one of a variety of LCD (liquid crystal
`~~~k
`
`16
`
`display) type devices. As the size of the display shrinks, the amount of information that may be
`
`17
`
`18
`
`19
`
`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
`
`20
`
`interface, which slows down operation and is thus unacceptable for the time criticality of
`
`21
`
`ordering, reservation and wait-list management and other similar applications. This necessitates
`
`22 many design compromises which in the aggregate have resulted in limited acceptance of PDA
`
`23
`
`type devices in the restaurant and hospitality fields.
`
`660374 vl
`
`- 3-
`
` 11
`
`Petitioners' Exhibit 1009, Page
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`.
`.
`Many of the negatives p;evalent 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
`
`~"k9
`
`on, e.g., large, color desktop computer screens. Another reason is that software for fully
`
`~~0
`
`realizing the potential for wireless handheld computing devices has not previously been
`
`available. Such features would include fast and automatic synchronization between a central
`
`tr~
`
`database and multiple handheld devices, synchronization and communication between a World
`
`;1;3 Wide Web ("Web") server and multiple handheld devices, a well-defined application program
`
`~~h
`~W interface ("API") that enables third parties such as point of sale ("POS") companies, affinity
`
`f!p
`
`program companies and internet content providers to fully integrate with computerized
`
`16
`
`hospitality applications, real-time communication over the internet with direct connections or
`
`17
`
`18
`
`19
`
`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
`
`20
`
`previously been unavailable. Such a single point of entry would work to keep all wireless
`
`21
`
`22
`
`23
`
`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
`
`achieved. For example, a reservation made online would be automatically communicated to the
`
`660374 vl
`
`- 4-
`
` 12
`
`Petitioners' Exhibit 1009, Page
`
`
`
`1
`
`2
`
`3
`
`4
`
`backoffice server and then sy~chroniz'ed 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
`
`5 management have persisted in the face of widespread computerization in practically all areas of
`
`6
`
`7
`
`8
`
`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
`
`~!n
`
`compatible with ordering over
`
`the
`
`internet has prevented widespread adoption of
`
`"'1!2
`
`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
`
`16 management and synchronous communications system and method which facilitates user-
`
`17
`
`friendly and efficient generation of computerized menus for restaurants and other applications
`
`18
`
`19
`
`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
`
`20 management and synchronous communications system and method which provides for entry,
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`21 management and communication of information from the operator as well as to and from another
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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 further object ?f the present invention is to provide an improved information
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`2 management and synchronous communications system which is small, affordable and
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`lightweight yet incorporates a user-friendly operator interface and displays menus in a readily
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`comprehensible format.
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`A further object of the present invention is to provide a synchronous information
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`6 management and communications 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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`synchronous information management and communications system and method optimized for
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`simplicity of operation which incorporates menu generation for creation of menus to be used
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`'' ::.,...,:..
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`~lG with wireless remote handheld computer and PDA devices, the internet or any application where
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`simple and efficient generation of menus is appropriate. The menu generation approach of the
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`present invention includes a desktop software application that enables the rapid creation and
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`building of a menu and provides a means to instantly download the menu configuration onto,
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`e.g., a handheld device or Web page and to seamlessly interface with standard point of sale
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`("POS") systems to enable automatic database updates and communication exchanges when a
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`change or input occurs in any of the other system elements. To solve the above and other related
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`problems, an information management and communications system is provided which results in
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`a dramatic reduction in the amount of time, and hence cost, to generate and maintain
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`computerized menus for, e.g., restaurants and other related applications that utilize non-PC-
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`standard graphical formats, display sizes or applications.
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`The menu generation approach of the present invention has many advantages over
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`previous approaches in solving the problem of converting paper-based menus or Windows® PC-
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`based menu screens to small PDA-sized displays and Web pages.
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`In one embodiment, the
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`present invention is a software tool for building a menu, optimizing the process of how the menu
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`can be downloaded to either a handheld device or Web page, and making manual or automatic
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`6 modifications to the menu after initial creation.
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`hig
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`Manual modifications to the generated menus include handwritten screen captures
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`and/or voice recorded message captures coupled with the standard menus and modifiers
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`generated according to standard choices . Such manual modifications enable an extremely rapid
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`and intuitive interface to enhance operations and further optimize the overall operator interface.
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`This approach solves a long-standing, operational issue in restaurant/hotel/casino food/drink
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`ordering when customers want something unusual and not anticipated and available through
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`normal computerized selections. As seen in Figure 8, the operator screen on the hand-held can
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`~~ capture handwritten information specific to a customers requests directly on the touch-sensitive
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`screen of the wireless computing device. This additional information can then be coupled with
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`the fixed menu and modifier
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`information generated automatically from the hospitality
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`application software and the combined message can be sent to a restaurant point of sale (POS)
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`system, printer or/or display system. This unique operator interface enables universal languages
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`and an unlimited set of information to be manually communicated and exchanged. The resultant
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`combined message of one or more fixed indications selected from a menu of a device such as a
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`hand-held, and dynamic handwritten messages and/or data provides an even more powerful tool
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`than either modality used independently.
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`Petitioners' Exhibit 1009, Page
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`For example a re?taurant'server taking a drink order could select from a menu of
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`her hand-held device's screen "Iced Tea", and then manually write in the literal screen of her
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`hand-held "with lemon" as shown in Figure 8. The manually-written information could, for
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`example, be printed or displayed in front of a bartender preparing the drink order. The indication
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`"Iced Tea" as selected from a menu of the hand-held would also be presented to the bartender,
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`perhaps by printing and/or screen display. The server can also select any printer from within the
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`hospitality establishment directly from the operator interface on the screen of the hand-held and
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`have either the order or the receipt printed out where it is most convenient and efficient.
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`Similarly, a server taking a drink order could select from a menu of her hand-held
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`device's screen "Iced Tea", and then record the voice message "with lemon" using her hand-held
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`~m
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`device integral microphone. The recorded information could, for example, be played on a
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`''1.!2
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`speaker attached to a computer, POS system, or the like located near the bartender or chef
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`preparing the order. The indication "Iced Tea" as selected from a menu of the hand-held would
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`also be presented to the bartender/chef, perhaps by printing and/or screen display. Both the literal
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`screen capture method and the voice recorded message method combine the power of automatic
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`fixed menu generation with the expanded flexibility to resolve operational issues that exist
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`throughout the hospitality market without this innovative solution. Additionally, in certain
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`embodiments, hand-writing and voice recognition technologies can be utilized to convert the
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`19 manual operator inputs into appropriate text messages which can be combined with the
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`computer generated menu options to convey the combined information to, for example, a
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`bartender or chef.
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`Similarly, hand-held devices can link the above innovations to individual
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`customers at specific tables through a graphical user interface on the hand-held screen that
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`Petitioners' Exhibit 1009, Page
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`assigns each customer a number.within a table. For example, table 20 might have 6 customers (1-
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`'
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`6) and each customer has a different order, By enabling the linkage of the orders to specific
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`customer positions within the table and accessible from the hand-held screen, the servers can
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`easily track and link the specific orders to the specific customers.
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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 interface
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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
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`to
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`restaurants/customers over the internet. The menu generation approach of the present invention
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`is the first coherent solution available to accomplish these objectives easily and allows one
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`development effort to produce both the handheld and Web page formats, link them with the
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`existing POS systems, and thus provides a way to turn a complicated, time-consuming task into a
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`simple process.
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`The information management and synchronous communications system of the
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`present invention features include fast synchronization between a central database and multiple
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`handheld devices, synchronization and communication between a Web server and multiple
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`handheld devices, a well-defined API that enables third patiies such as POS companies, affinity
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`program companies and internet content providers to fully integrate with computerized
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`23
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`hospitality applications, real-time communication over the internet with direct connections or
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`Petitioners' Exhibit 1009, Page
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`regular modem dialup connections and support for batch processing that can be done periodically
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`throughout the day to keep multiple sites in synch with the central database.
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`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
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`8 without modifying the core hospitality applications. An exemplary system diagram of such a
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`communications systemic relationship is shown in Figure 9 and serves as an example of the
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`power of the synchronization element of the invention through a common, linked solution. A
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`single point of entry works to keep all wireless handheld devices and linked web sites in synch
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`~1E2 with the backoffice server applications so that the different components are in equilibrium at any
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`given time and an overall consistency is achieved. For example, a reservation made online can
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`f-rS
`(~::~~
`~4 be automatically communicated to the backoffice server and then synchronized with all the
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`wireless handheld devices wirelessly. Similarly, changes made on any of the wireless handheld
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`devices are reflected instantaneously on the backoffice server Web pages and the other handheld
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`devices.
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`BRIEF DESCRIPTION OF THE DRAWINGS
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`The foregoing features and advantages of the present invention can be appreciated
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`20 more fully from the following description, with references to the accompanying drawings in
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`21 which:
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`Petitioners' Exhibit 1009, Page
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`FIG. 1 is a schematic representation of a window displayed on a computer display
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`screen which shows a hierarchical tree menu, modifier window and sub-modifier window in
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`conformity with a preferred embodiment of the present invention.
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`FIG. 2 is a schematic representation of a modifier dialog box in conformity with a
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`preferred embodiment of the present invention.
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`FIG. 3 is a schematic representation of a menu category dialog box in conformity
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`7 with a preferred embodiment of the present invention.
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`8
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`~Io
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`FIG. 4 is a schematic representation of a menu item dialog box in conformity with
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`a preferred embodiment of the present invention.
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`FIG. 5 is a schematic representation of a display customization dialog box in
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`WI
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`conformity with a preferred embodiment of the present invention.
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`c'l~
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`i'I3
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`FIG. 6 is a schematic representation of a communications control window in
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`conformity with a preferred embodiment of the present invention.
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`FIG. 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
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`16
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`embodiment of the present invention.
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`FIG. 8 is an example of a literal, hand-written screen according to embodiments
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`of the present invention.
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`FIG. 9 is an exemplary system diagram relating to embodiments of the present
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`20
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`invention.
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`DETAILED DESCRIPTION OF THE INVENTION
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`Most personal computers today run under an operating system that provides a
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`graphical user interface ("GUI") for accessing user applications. A GUI is used in the preferred
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`Petitioners' Exhibit 1009, Page
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`1
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`embodiment of the present invention. Through' an interface of windows, pull-down menus, and
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`toolbars, GUI operating systems have simplified PCs and have rendered computer technology
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`3 more user friendly by eliminating the need to memorize keyboard entry sequences. In addition,
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`4 GUis allow users to manipulate their data as they would physical entities. For example, a
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`5 window can represent a file and the contents of the window can represent the records of the file.
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`6
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`H8
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`The window can be opened, closed, or set aside on a desktop as if it were an actual object. The
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`records of the file can be created, deleted, modified and arranged in a dr